Overview of Negligence in Injury or Accident Claims

Negligence is a legal principle used to describe conduct that generates an unreasonable harm risk to others. If you’re negligent, and this negligence results in another individual to become harmed, then you’re liable for paying the damages. To win a negligence claim, the injured party will need to establish the following elements:

• The defendant owed a duty to the plaintiff (e.g., reasonable care for the safety of other)

• The defendant failed to act reasonably, or violated its duty (e.g., a driver was intoxicated or reckless)

• The defendant’s violation was the cause of another person’s injuries

• The defendant’s violation was the injuries’ proximate cause (the defendant should’ve known that the violation would result in injury)

• The plaintiff suffered injuries, for which they could claim damages

Auto accident

A car rammed into a post.

Contributory Negligence

Contributory negligence’s concept is used to characterize behavior that creates an unreasonable danger to one’s self. The notion is that a person has a duty to behave as a reasonable individual. When an individual doesn’t act this way, and harm takes place, that person could be held partially or wholly liable for the injury, even if another party was involved.

For instance, Dave, a driver, strikes Andrew, a pedestrian crossing the highway without carefully examining traffic or observing the warning sign of the adjacent street light. Who’s guilty in this case?

After a harmed party brings a negligence claim, the defendant could then claim contributory negligence against the plaintiff, effectively saying that the harmed took place at least partially due to the victim’s own actions. This method would be considered a contributory negligence counterclaim.

If the defendant can prove his contributory negligence claim, then the plaintiff could be entirely barred from getting damaged or the damages could be lowered to reflect his role in the injury. The pedestrian in the example, Andrew, would probably be deemed as at least partially guilty (and thus liable for a contributory negligence claim) for negligently crossing the street.

pedestrian lane

Pedestrian lane signs

Comparative Negligence

The majority of states have now taken on a comparative negligence method to contributory negligence, in which the negligence of every party for a given injury is deliberated when determining financial damages.

Before, the courts perceived contributory negligence as a bar to getting any damages. Under this traditional understanding, if an individual had contributed to their accident in any manner, the individual wasn’t entitled to payment for their injuries.

To try to reduce the severity, often unfair results from this method, the majority of states have now implemented the comparative negligence method.

There are two comparative negligence approaches:

Pure Comparative Negligence—the damages acquired by the plaintiff are totaled and then lowered to reflect their contribution to their injury. For instance, if a plaintiff were awarded $10,000 compensation and the jury or judge established that the plaintiff was 50% responsible for their injury, they’d be awarded $5,000.

Modified Comparative Negligence—the most common method. Plaintiff won’t recover if they’re found to be equally liable or more liable for the injury. Essentially, to get damages, the plaintiff shouldn’t be over 50% guilty of the resulting injury.

Insurance Claims that Can Make Your Life Easier after an Accident

If you’ve been harmed in an accident as a result of someone else’s negligence, then there is a great chance that you’ll turn to the insurance company of the liable party for compensation.

Here are the things you ought to know about insurance claims following your accident. Insurance Claims After an Accident: The Basics by FindLaw has the info:

The Insurance Claims Process

Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.

The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.

After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.

Insurance Claims: Showing Proof of Liability

If you’ve been harmed in an accident due to somebody else’s act, then there’s a good possibility that you will consult the liable party’s insurer for compensation. However, to get relief from them, it’s essential for you to establish that the other party was liable for your injuries and the accident. This article tackles proving liability in insurance claims.

The word ‘copyright’ highlighted in a dictionary

Burden of Proof

In any personal injury case, the individual seeking to get compensation has what’s called the “burden of proving” that the accused is responsible by “preponderance of the evidence.”

The plaintiff (injured party) should, therefore, show that it’s more likely than not the accused caused the accident which resulted in your injury. The injured party can meet their burden by providing detailed evidence regarding the accident and their ensuing injuries, and by demonstrating how the facts their case fit within the set rules that govern negligence claims.

Nearly all insurance claims will vary according to the plaintiff proving that the accused was negligent. Negligence needs demonstrating the existence of the following elements: the accused owed a duty of care to the victim; the accused violated that duty of care by behaving unreasonably; the accused’s unreasonable behavior resulted in an injury; and that the victim was truly injured

Now that you have some knowledge about the basics of insurance claims, let us proceed to Showing Proof of Injury liability in an Insurance Claim by AllLaw. The article talks about proving the fault of the injuries you sustained for an insurance company to pay you for damages.

After establishing that the defendant owed a duty of care, the plaintiff must offer evidence to prove that the defendant breached that duty.

This requires producing evidence that the defendant failed to act as a reasonably careful person would have acted in similar circumstances. In car accident claims, a plaintiff can show a breach of duty by producing a police report in which the defendant was cited for violating specific traffic safety laws. Other evidence that a car accident claimant might introduce would be the report of an accident reconstruction expert who can show that the defendant’s conduct was unreasonable and unsafe. The plaintiff might also present photographic evidence or the evidence of witnesses to the scene who may be able to testify that the defendant was operating his vehicle in an unsafe manner.

In a slip and fall case, the plaintiff may be able to prove breach by showing that the defendant knew of an unsafe condition on its premises, but failed to either warn the plaintiff or take steps to remedy the condition. This might be proved by presenting evidence of similar accidents that had occurred on the same property.

Showing Breach of Duty

In personal injury, the duty of care is the legal obligation of the defendant to behave with reasonable caution for the safety of the plaintiff. The duty of care is sometimes simple to establish.

For instance, in vehicle accident claims, the accused owes a duty to use his motor vehicle carefully always, which may take in specific requirements like following at a safe distance to prevent rear-end crashes.

Slip and fall claims will handle another form of duty of care. For instance, a store is obliged to maintain sensible safety measures for its clients or customers, but the store does not have a duty to tidy its sidewalk of ice or snow. The duty of care to a plaintiff could also vary upon the plaintiff’s legal status. For example, a homeowner has a different duty to an individual trespassing on his property than the homeowner would to a social invite.

The victim can show the duty owed by the accused in various ways. In car insurance claims, the duty of the defendant could be established by a law compelling the use of an “assured clear distance” or turn signals. In slip and fall claims, the plaintiff could show the duty of care owed by demonstrating that he was a paying client and thus entitled to an increased duty.

Showing Violation of Duty

After showing that the accused has a duty of care, the victim must provide proof to establish that the defendant violated that duty.

In slip and fall claims, the plaintiff could prove the violation by establishing that the accused was aware of a dangerous condition on its grounds, but unable to warn the victim or take measure to fix the condition.

Check out more about insurance claims in a personal injury case by clicking on the article above.

 

 

Essentials of Slip and Fall Law

A lot of personal injury cases come from slip and fall. It appears trivial, yet sometimes, people trip or slip and suffer major injuries. Here’s Slip and Fall Law by HG.org to provide us with details about slip and fall.

Slip and fall law refers to the liability rules governing cases in which an individual falls to the ground and suffers harm due to a dangerous condition on someone else’s property. As a subset of personal injury law, these cases are controlled by the basic rules of negligence. Unless an accident occurs on federal government property, state law will control. Violations of local building code ordinances can also be relevant.

Despite the reference to a “slip,” this area of the law covers any accident that results from the victim encountering an unsafe condition underfoot, whether it produces a stumble, overextension, twist, or other movement. Direct causes can include spilled liquids or food, cracked sidewalks, objects on the stairs, ice and snow, broken floor tiles, uneven steps, and potholes. Indirect causes, such as dim lighting or missing handrails, can also contribute.

Slip and Fall Injury: What to Prove to Win

Accidents occur, and injuries are frequently the result. However, when the accident was a result of something (or somebody) beyond of your control, then you may think whether you have options for legal recourse. This article talks about the key matters in a slip and fall claim which is Liability. Whether you’re pursuing a personal injury case or insurance settlement, to win the case, you’ll have to be able to establish that somebody else (typically the owner of the property) is responsible for the injuries you sustained.

In slip and fall claims, the main liability questions are often:

  1. Who are the possible liable parties?
  2. Were those parties truly negligent, viz. by failing to stop or causing the slip and fall?

From the injured person’s perspective, in a slip and fall insurance lawsuit or claim, another main element is defending against a case that the own carelessness of the injured person somehow contributed to or caused the accident.

Theories of Liability

To hold another person liable for injuries sustained in a slip and fall injury, an injured individual should typically establish one of the following:

  • An owner of the property (or their worker) should’ve recognized a hazardous condition (viz. a patchy walking surface or a pothole) and removed or fixed the potential danger, but didn’t. The main question here is whether or not a reasonable person would’ve identified the situation as dangerous, and whether or not the defendant had plenty of opportunities to fix the condition before the accident took place. OR

An owner of the property (or their worker) caused the hazardous condition causing the slip and fall accident (by leaving a dangerous obstacle in a pathway, for instance) and it was rationally foreseeable that somebody would be injured because of the condition.

Now that we’re aware of the essentials of the law, let us now proceed to Slip and Fall Accident Claims and Other Premises Liability Cases by Injury Claim Coach, which talks about various facets including determining fault in a premises liability claim. Here’s an excerpt:

The two main elements for determining fault in a premises liability claim are:

  1. Whether or not the property owner acted reasonably to prevent a dangerous condition, and
  2. Whether or not the injured party was exceedingly careless.

The initial investigation should determine if the cause of the accident was due to a pre-existing dangerous condition, and if it could have been prevented by owner action.

Whether or not the injured person could have anticipated the hazards of the area from prior conditions is also important – this is the “avoidance of obvious danger” element.

For the injured person to have a strong case, the owner of the property must have known about the hazardous condition and been negligent in remedying it. The hazard must have been present long enough for the owner to have had ample time to remedy the problem before the accident occurred.

Premises liability

A dark corridor is someone else’s property.

Proving Negligence and Liability

Often, the word “reasonable” arises in settlement negotiations as well as at other major stages of slip and fall claims. That is because, to be held negligent and thus liable for slip and fall damages, a property owner (or their worker or agent) must have been unable to act as a rationally prudent individual would’ve acted under the same circumstances leading up to the situation. In attempting to evaluate whether or not the defendant behaved reasonably, here are a few factors that plaintiffs ought to think about:

  • Did the dangerous condition exist sufficiently long that a rational property owner or worker could’ve taken action to get rid of the hazard?
  • Did the property owner or worker have a strategy of routinely evaluating for potential dangers on their property; if so, is there a log or other documentation of whether the plan was followed instantly prior to the accident?
  • Was there a rational justification for the potential hazard’s creation? If so, was the justification still present at the time of the accident?
  • Could the dangerous situation have been made less hazardous via precautionary measures like moving the hazard, putting ample warning signs in the area, or inhibiting access to the area?

Was limited visibility or poor lighting a factor in resulting in the slip and fall accident?

In AllLaw’s What You Must Prove to Win a Slip and Fall Injury Claim, the article what you ought to establish to win a case. Here’s an excerpt:

Proving Negligence & Liability

  • Did the hazardous condition or obstacle exist long enough that a reasonable property owner or employee could have taken action to eliminate the hazard?
  • Did the property owner or employee have a policy of routinely checking for potential hazards on the property, and if so, is there some sort of log or other record of whether the procedure was followed immediately before the accident?
  • Was there a reasonable justification for the creation of the potential hazard? And if so, did this justification still exist at the time of the slip or fall?
  • Could the hazardous condition have been made less dangerous through preventive measures such as relocating the hazard, placing adequate warning signage in the area, or preventing access to the location?
  • Was poor lighting or limited visibility a factor in causing the slip and fall?

Learn more about slip and fall law, how to prove it, and its elements by clicking on the articles above.

 

Beware of These Common Mistakes People Make After An Accident

It can be hard for people to think about what to do after an accident. They often do things that shouldn’t be done under such circumstances. If you’ve been involved in a car accident, understanding what errors to avoid can aid to make your claim go smoothly and guarantee you do not run into any problems in the process.

Perhaps you are confused and shaken by accident. It’s vital to keep your presence of mind under such circumstances so that you do not end up making an error in judgment that may cost you a lot at the end of the day.

Never Admit Fault

You may feel certain that you were responsible for the accident, but there’s still a procedure for determining fault, and it is best to allow the experts to figure it out first before you make any confessions. If the other party is mad and accuses you of being responsible for what happened, you must find a way to prevent them from making further accusations against you.

Just because another party is certain that you’re responsible for what happened does not necessarily make it so. You just won’t do yourself any good by admitting it. There may be instances that would seem rather obvious to you, but that’s still no reason to accept the liability in the scene of the accident.

After-math of an auto accident

If you’re giving a statement to the authorities about the accident, then the same principle applies.

Just inform the officer of what transpired during the accident according to how you remembered it and didn’t acknowledge any fault. Stick to the truth and let the auto insurance adjusters and the police review them and determine who is at fault.

Disclosure, especially when it comes to responsibility, could be quite troublesome to you, especially if the other party choose to sue for damages.

Do not Negotiate with the Other Party

In a small accident where nobody is harmed, and the damage seems to be minor, it can be enticing to keep the occurrence off the record. Perhaps, you find yourself in a place where the other party would like to handle the damage without talking to the insurance to stop a rate increase. It could sound as though a great notion on the surface, yet the results could be severe at the end of the day.

In numerous instances, individuals who are unprepared for such situations make common errors in dealing with the accident. These mistakes can be expensive and could damage a victim’s chances of being compensated. The article Top 5 Mistakes Made After A Car Accident by Chaikin, Sherman, Cammarata & Siegel, P.C. lists these errors in an excerpt below:

  • Not Filing A Police Report – A police report is an objective record of what took place, and it may end up being a vital piece of evidence toward proving what happened.
  • Not Exchanging Information – Always exchange information with all parties involved in an accident, as well as any witnesses. This includes contact information, driver’s license number and license plate, insurance company and policy number, and the make and model of the vehicle.
  • Not Seeking Timely Medical Treatment – Seeking timely medical treatment is important for both your health and your future claim. If you feel pain, prompt medical attention is crucial. Even if you don’t feel pain right after the accident, it’s important to have a physician properly assess you, as pain and injures may not manifest until hours later or the following day.
  • Trusting the Insurance Company – Insurance companies are in business to collect premiums, not pay out claims to victims. Because they have an interest in protecting their bottom lines, insurers devote a lot of resources and effort toward minimizing or denying claims. This means they’ll often try to quickly settle for less than victims deserve, or look for ways to avoid paying anything at all.
  • Not Working With an Attorney – One of the biggest mistakes victims make is attempting to handle their claims on their own. While there is no requirement to have a lawyer, having an experienced legal representative who is familiar with the process and how to produce the best results can make the difference between full compensation and less compensation than you need, or even none at all.

Negotiating with the other party to choose who should answer for damages and whether or not it ought to be taken to the car insurance company could put you in a tough position later if the accident becomes more serious than it looks on the surface; or if it happens that other party wants to submit a fraudulent claim against you once you have already decided to pay a particular amount of the damages.

Insurance agencies have a particular window in which they need you to tell them about an accident. When that window passes, perhaps, they decide to deny you financial coverage for the mishap. So if that driver reconsiders about bringing a claim against you (they have enough time to carry this one out legally), you may find yourself paying out-of-pocket on a claim meant for an injury revealed after the incident.

Even more worrying is the likelihood that you may become an insurance fraud victim by not being able to get the facts on record immediately, risking it for the other party to raise their claim.

accident case

Busy street on the scene of the accident.

Do not Leave the Scene of the Accident until Everything is Settled

This may look obvious, but your wish to simply go home and ease off can be a tough one. Do not leave the scene until you have obtained all of the details needed from the other party and have made the necessary consultations with the police.

If the other party is pushing to exchange contact information and work everything out afterward, it must be a bad warning for you. Be certain you have the other driver’s full contact information, including their insurance information as well as the contact info of any witnesses before leaving the scene.

If there are injuries or if the damage is severe, contact the police and remain at the scene of the accident without changing or doing anything until they turn up. By waiting a little bit longer and ensuring that everything has been noted correctly, you will avoid possible issues that may come with your claim.

To protect yourself after a car accident, the safest thing you can do is to allow the experts to handle the specifics. Be respectful to the other party and check to determine if anybody is hurt, and then avoid discussing what just happened.

Contact the police if you think that anything is strange at the accident scene, even though the damage is minor. Inform your auto insurance company immediately and allow them to decide who bears the responsibility. In the end, that’s why you have insurance.

Some mistakes are not included in the article mentioned, but the article Ten Biggest Mistakes After an Accident by Console and Hollawell PC supplements the errors in a detailed manner, but a list is provided below:

  • Mistake #1: Underestimating Your Injuries
  • Mistake #2: Waiting Too Long to Act
  • Mistake #3: Giving Too Much Information to the Insurance Company
  • Mistake #4: Failing to Call the Police
  • Mistake #5: Admitting Fault
  • Mistake #6: Failing to Gather Evidence
  • Mistake #7: Accepting a Quick Settlement
  • Mistake 8: Signing Anything from the Insurance Company
  • Mistake #9: Using Facebook and Other Social Media Sites
  • Mistake #10: Failing to Call, an Attorney

To dig deeper into the details of these mistakes, it would be best to consult a personal injury lawyer who specializes in automobile accidents.

 

Your Guide to Comparative Negligence

When somebody gets injured in a car accident, deciding who’s responsible is frequently a difficult task. Certainly, there are a few accidents where it is pretty clear who’s at fault, but mostly, it is not so obvious. And so, here comes comparative negligence.

Comparative Negligence and Personal Injury Lawsuits by Injury-Law discusses the various concept of the term. Below are a few examples the article provides:

  • “Imagine person A is speeding while driving. Driver B suddenly moves into A’s lane without signaling, and driver A collides with B. Driver A may be held responsible for harm to driver B or to his vehicle, but A’s liability may also be reduced because driver B negligently failed to use his blinker.
  • In a slip and fall accident, person A is walking through an icy parking lot owned by person B. Person A notices ice, thinks she can walk over it, but falls and injures herself.  Even if person B was aware of the ice and should have cleaned it up, person A’s failure to avoid the ice may impact her ability to recover for the injuries.
  • Person A is hit by a car driven by person B. Person A was in the road at night and not crossing at a light or a cross walk.  Person B may be responsible for the injuries, but person A could be negligent because his decisions while crossing created a dangerous situation.”
car accident

Car accident scene

As we’ve mentioned, when somebody gets injured in a traffic accident or car collision, deciding who’s legally responsible is often a very tough task. There are certainly some accidents wherein it’s rather clear where to put the liability, but often, it isn’t so apparent. So for instance, we have two drivers: Brian and Abby. Brian stops at a red light and prepares to make a left turn onto a much busier road without a stop sign. Brian looks both ways sometimes and chooses to turn left when the road looks clear.

So for instance, we have two drivers: Brian and Abby. Brian stops at a red light and prepares to make a left turn onto a much busier road without a stop sign. Brian looks both ways sometimes and chooses to turn left when the road looks clear.

In the meantime, Abby drives down the highway 20 mph over the mandated speed limit. Abby is unable to decelerate and crashed into Brian’s vehicle. In this example, both parties bear some of the legal responsibility or fault: Abby certainly shouldn’t have been speeding, yet Brian should’ve been a tad more cautious and attentive before turning. So who’s responsible?

Pure Contributory Negligence – there are states that recognize such rule, wherein plaintiffs may not get damages even if they’re as little as a percent to being responsible for the incident. Five states abide by this legal rule: Virginia, North Carolina, Maryland, the District of Columbia, and Alabama.

Now that you’ve grasped the term via the examples, let us now proceed to the details of the terms. Comparative Negligence by FindLaw features the various types of comparative negligence law.

“Pure Contributory Negligence – In states that recognize the pure contributory negligence rule, injured parties may not collect damages if they are as little as one percent to blame for the incident. Only five states follow this legal rule: Alabama, the District of Columbia, Maryland, North Carolina, and Virginia.”

“Pure Comparative Fault – States recognizing the pure comparative fault rule of accident liability allow parties to collect for damages even if they are 99 percent at fault. However, the amount of damages is limited by the party’s actual degree of fault. So if a drunk driver is predominately to blame for an accident, but makes an injury claim because the other driver had a burned out taillight, he or she may collect a minimal amount of damages. Nearly one-third of states follow this rule, including California, Florida, and New York.”

“Modified Comparative Fault – The majority of states follow the modified comparative fault model, which is split into two distinct categories: the 50 percent bar rule and the 51 percent bar rule. In states following the 50 percent rule (including Colorado and Utah), a party that is 50 percent or more responsible for an accident may not recover any damages. In states adhering to the 51 percent rule, a party may not recover if he or she is 51 percent at fault.”

truck accident law

Big truck on the road

Pure Comparative Fault – the states that recognize the accident liability’s pure comparative fault rule enable parties to get for damages even though they’re 99% responsible. On the other hand, the damages amount is only limited by the actual extent of the fault of the party. Therefore, if an intoxicated driver is predominately legally responsible for an accident, but files a personal injury claim as the other party had a burnt out taillight, then he or she could get a minimum damages amount. Nearly 33% of states abide by this rule, including New York, Florida, and California.

Modified Comparative Fault – most states abide by the modified comparative fault rule, which is divided into two separate categories: the 51% bar rule and the 50% bar rule. In states that follow the 50% rule (including Utah and Colorado), a party that’s 50% or more at-fault for the accident may not get any damages. And in states following the 51% rule, a party may not get if that party is 51% responsible.

Confused? Get an Evaluation Completely Free

It is normal to feel quite overwhelmed by the negligence law’s complexities, especially when you could be partly at fault for the injuries you sustained. If you’re filing a case, just talk with an experienced personal injury attorney. You actually have nothing to lose by having a lawyer assess your claim at completely no cost.

You may check out the entire article by clicking o the link provide above.

 

The Cost of Taking A Personal Injury Case to Court

When settlement negotiations do not agree and a personal injury case is brought to court, both parties will spend loads of more cash.

“Litigation” is a word for the method of taking a claim to the civil court system. Litigation can be costly – very costly. We usually think about what litigation will charge us and put that into our plan about deciding whether or not to settle a case.

It is a terrific idea to consider the other side’s costs as well, the insurer representing the accused or defendant. The litigation’s cost is the major reason insurers typically settle reliable injury claims, instead of representing them out in court. Let us take a look.

Lawyers’ Fees

Primarily, legal payment is included when bringing a case to the court system: the cost of lawyers, essentially.

injury lawyer

Lawyer preparing for the courtroom.

The Plaintiff’s Lawyer Fees

In personal injury claims, the plaintiff’s lawyer (that is, the attorney for the plaintiff) frequently works on contingency. Meaning, the attorney gets a portion or percentage of whatever the injured party recovers or wins – and gets zero if their client does not win.

In turn, this means that the plaintiff isn’t usually accountable for a huge cost of going to the court unless they win – in which case, money will be involved.

Remember that most personal injury attorneys will stipulate a greater contingency payment if a case should be litigated. A fee agreement between the lawyer and the plaintiff would typically include a contingency percentage (frequently around 30%) if the case is already settled before going trial and a much higher percentage (over forty percent) if it undergoes litigation.

Even if a personal injury lawyer’s cost for the injured party is contingent on being successful, it’s still “expensive” for a plaintiff to fight a claim out in court – in fact, more of the recovery award is paid out to their attorney.

Expert Witness Payments

A second main expenditure is fees for an expert witness. Experts do not come cheap; a few injury cases can take in numerous professionals: engineers to attest cars or products, accident reconstructionist to attest how an accident took place, medical experts to affirm medical treatment and injuries, even actuaries and accountants to testify lost wages or income.

Many professionals can get a couple of thousand dollars for studying one injury case.

injury attorney

Lawyer consulting the jury.

“Administrative” Payments

Third, there are delivery, copying, messenger, and transcription expenses. Cases are document-intensive, and taking the services of a court correspondent to take statements, making duplicates of huge medical reports or transcripts, and delivering documents around in different high-priority, fail-safe-delivery ways add up to an injury case’s course.

Court Filing Payments

Fourth, there are filing and court fees, such as the service process’ expenses. These costs could each only be tens of dollars, however, over a trial’s course, the total expenses in this area can add up to several hundred or thousands of dollars.

Miscellaneous Cost

There are other expenses, like travel costs for witnesses and lawyers. If anybody has to stay overnight, rent cars, fly, etc., this cost can mount up quickly.

All About Premises Liability Law

There are a lot of people who have been asking whether they will liable if ever a trespasser becomes injured. And because this subject requires a clear definition of terms, this post will answer the question for your by defining essential terms and taking about premises liability in general.

So read on…

Premises Liability – Injury Law Overview

“Premises liability” is the general term for the established set of laws applied to determine who (if anybody) is legally responsible when a certain condition or use of a land, building or other premises results in an injury. The three major categories of entrant (person injured) are the following– invitee, licensee, and trespasser.

Invitee

An occupier or premises owner has the maximum level of legal responsibility to entrants that belong in the category of the invitee. An invitee is somebody the occupier or premises owner has invited into the area for the occupier or owner’s benefit.

The most popular invitee example is a shop patron: the premises owner has invited the entrant into the shop so that the premises owner can gain from the business of the patron.

Premises liability

A dark corridor is someone else’s property.

An occupier or premises owner is under an obligation to carry out a reasonable job repairing and maintaining a property so that people aren’t injured. In legal terms, this is known as “duty of reasonable care.” And if the occupier or owner has fulfilled his or her duty, but an invitee has been harmed anyway, the occupier or owner won’t be legally responsible to the invitee.

But if the jury or judge determines that the occupier or owner didn’t fulfill his or her duty in maintaining the property, then he or she is legally responsible for an invitee’s injuries due to the lack of repair or maintenance.

Premises liability is the body of law that includes a property owner’s liability for injuries that happen to the individual on their premises. This includes slip and fall injuries and accidents that occur as a guest in somebody’s home.

Before talking about anything else, let us talk about the definition of Premises Liability. What is Premises Liability Law? by HG.org provides this information to us below:

“Premises liability law refers to the legal principles that hold landowners and tenants responsible when someone enters onto their property and gets hurt due to a dangerous condition. With few exceptions, premises liability claims are based on negligence, although the doctrine may be applied differently than it is in other personal injury situations. The primary source of premises liability law is state case precedents (known as “common law”). State statutes, municipal ordinances, and local building codes may also be relevant.

“Slip and falls are the most common type of accident resulting in premises liability. Causes include wet floors, snow and ice, unmarked obstacles, faulty stairs, and other such dangers. Lawsuits can also result from injuries caused by vicious animals, open swimming pools, broken elevators, or violent customers or guests. To obtain compensation, plaintiffs may be able to file suit against owners, landlords, business owners, easement holders, residential tenants, maintenance companies, and other entities that control or possess the property where the accident happened.”

Since Premises Liability has defined, let us now proceed to discuss the three main categories of the person injured. All Law’s Premises Liability – Injury Law Overview has this in detail below:

“Invitee

“A premises owner or occupier has the highest level of responsibility to entrants that fall into the “invitee” category. An invitee is someone the premises owner or occupier has invited onto the premises for the owner or occupier’s benefit. The most common example of an invitee is a store patron: the business owner has invited the patron into the store so that the owner can benefit from the patron’s business.

“Licensee

“A licensee is someone who is permitted to be on the premises, as opposed to someone who is invited. The distinction between invitees and licensees is often difficult and is determined by either the judge or the jury, depending on the circumstances of the case and the law of the state.

“Trespasser

“The lowest level of responsibility is owed to trespassers. Essentially, no duty is owed, other than to avoid intentionally injuring a trespasser for reasons other than self-defense.

“One complicated exception is the child trespasser. If an owner or occupier creates or maintains an object or other dangerous condition that would entice children to play with it, he or she may be liable for a child’s injuries even if the child was a trespasser. How a judge and/or jury will apply this law (typically called the “attractive nuisance doctrine”) can be a little unpredictable.”

Licensee

A licensee is somebody who’s allowed to be on the premises. The difference between licensees and invitees is frequently difficult and is decided by either a jury or a judge, depending on the case’s circumstances and the state law.

But in general, an occupier or owner wants an invite to enter the premises, whereas a licensee is permitted on the premises only if the licensee so wants. But there’s an exception to this– social guests, for instance, individuals attending a social event, are usually deemed as licensees, not invitees.

premises liability law

Premises of someone’s property

Another exemption is that family members or relatives are considered licensees as well.

An occupier or owner has a lower level of duty to licensees than invitees. The occupier or owner should warn a licensee of whatever dangers or hazards that the licensee cannot easily see for themselves. Aside from that, an occupier or owner isn’t under any responsibility to repair or maintain conditions on the premises.

But he or she can be accountable for hazardous activities that harm a licensee, but depending on the state law.

Trespasser

The trespassers are owed the lowest degree of responsibility. Basically, duty is not owed, other than to avoid deliberately harming a trespasser for reasons but self-defense.

A complicated exemption is a child trespassing. If an occupier or owner creates or maintains the dangerous condition that would lure kids to play with it, then he or she could be accountable for the injuries of a child even though the child was trespassing. How a jury and judge will use this law can be a bit unpredictable.

You may check out more about premises liability and the three categories by clicking on the article above.

 

An Overview on Hit and Run Bicycle Crashes

Bicycle accident such as “hit and run” is one the most widespread bicycle crashes that can happen to cyclists. The highway can be filled with careless drivers on their phones chatting or texting away. A negligent driver may not be paying careful attention to their surroundings.

These cases aren’t a lost cause, and mostly, the cyclist can recover from the automobile insurance of driver or the cyclist himself or herself. As is common the case, the insurer isn’t too content to disburse on these claims. The bias that bicycle riders face against car drivers, insurer, and even cops can make these claims hard.

Bicycle accidents

Guy met with a bicycle accident.

Things you must do if you got involved a hit and run crash in preserving your case and protect your rights:

  • Firstly, you should instantly file a police report. Cyclists frequently feel that contacting the police is nonsense since the liable driver already fled the accident scene. This could not be far from the truth. Police have substantial resources, can track down the responsible party, and can do so if called or contacted immediately. But even though the vehicle driver can’t be found at all, your insurance will almost constantly call for an investigation be commence and recorded in a police report. The majority of cyclists do not know that there’s still a chance for recovery from such accident and frequently fail to go to the police. It is a vital thing you can do when a hit and run occurs.
  • You should instantly notify your health and car insurance companies. In most states, the law typically calls for you tp report the accident right away and a few states even entail you to do so in 24 hours. Submitting this claim against the car insurance policy could be the mere recovery source for your damages such as lost wages, bicycle replacement cost, medical bills, suffering and pain, and all that.
  • Seek medical attention immediately. Most people harmed in a bicycle crash are likely to be more concerned about the bikes or training event instead of the actual physical damage that has happened. Frequently, bicycle accident cases involve significant injuries and painful recoveries. It’s very vital that you take the time to heal and seek prompt and adequate medical help. Once you get medical attention, you should comply with your doctor’s orders.
  • Identify witnesses. Even when the driver has fled the accident scene, witnesses could still be pulled over in order to help out. Ensure that you get their contact details and declarations of what they saw. The investigation of the police will go much more for you if you can present witnesses that they can ask.
Bicycle

Bicycle and helmet.

Bicycle crashes are not rare and they can be just as damaging as an ordinary automobile accident (even more fatal). If you even get involved into one, know that you can always depend on the services of a personal injury lawyer. You deserve just compensation after what you’ve been through.

Combinations of factors The Determine a Personal Injury Accident

Accidents are not as direct as many people assert them to be. There are many contributing factors to accidents and these factors should be considered when assessing a personal injury accident. We have listed some of these factors in this post.

Numerous combined conditions can create a worse situation, such as:

  • Combining cannabis and alcohol has a more serious influence on a driver’s performance than either alcohol or cannabis separately, or
  • Taking doses of some drugs together, which, separately, don’t cause damage, could combine to cause lethargy or other damage. This may be more evident in an elderly individual whose kidney function is already less efficient.

Therefore there are circumstances when an individual could be impaired, yet still legally permitted to drive, and turns out to be a potential danger to themselves as well as other road users. Cyclists or pedestrians are affected likewise, and can also endanger themselves or other people when traveling.

Truck accidents.

Road design

A US study in 1985 revealed that about 34 percent of serious collisions had causative factors that relate to the roadway and/or its environment. The majority of these collisions also took in a human factor. The environmental or road factor was either observed as making an important contribution to the crash’s circumstances or didn’t permit room to recover.

In these conditions, it is typically the driver who’s liable instead of the road; those who report the accident are likely to disregard the human factors involved, like the design’s subtleties as well as maintenance and care that a driver may fail to notice or incompetently compensate for.

Studies have revealed that maintenance and careful design, with well-made road surfaces, intersections, visibility as well as traffic control strategies, can cause major improvements in accident frequencies. Moreover, individual roads have usually differing performance if an impact happens.

In Europe, there are now “EuroRAP” examinations that point out how forgiving and self-explaining a certain road, as well as its roadside, will be if a major incident occurs.

In the United Kingdom, research has revealed that investing in an infrastructure program concerning safe road may yield a one-third decrease in road causalities, saving £6 billion every year. A group of thirteen major road safety investors has created the Safe Road Design Campaign, which calls on the United Kingdom Government to make the safe road design a transport precedence.

 

Think about Hiring a Lawyer? Read This Post for Guidance!

Dealing with an insurer can be challenging in any situations. After a vehicle crash, it can even be scarier to face the duty of presenting all the essential documents to the insurance company and to take part in settlement negotiations. A skilled personal injury lawyer can ease the burden using engaging in information-gathering, collecting the necessary documents, and creating concise and comprehensive demands for your personal injury claims settlement.

Starting a Slip and Fall Injury Claim

Caution Wet Floor sign in a shopping mall

Caution Wet Floor sign in a shopping mall

After an accident like a slip and fall, the initial actions to take could go a very long way towards protecting your future claim. Just follow the following tips, and you cannot go wrong.

Report The Mishap To The Property Owner

If you are harmed in a slip/fall accident, you ought to immediately report it to the owner of the premises or some individual in charge of the premises. If you’re injured on commercial property, notify the highest-ranking individual that can you find in the property about the accident. If you’re injured on public property and the injury wasn’t that severe to call for emergency responders or the police to arrive at the accident scene, notify the town or city about the mishap as soon as possible.

Though failure to instantly report a slip/fall injury won’t legally restrict you from submitting or filing a case, you shouldn’t wait, particularly if the accident was not witnessed by other people. Insurers and juries question the validity of an accident claim that’s unwitnessed, and that wasn’t reported by the following day at least. Even a several-day delay in the accident reporting can hugely harm a claim. In a few instances, perhaps you will even need to send a letter of notification.

Get The Witnesses’ Names

If there were eyewitnesses to the accident, ensure that you acquire their names as well as contact details. Witnesses can be vital in a slip/fall case.

Take Photos ASAP

If you happen to be in a slip/fall accident, perhaps you won’t be in a mood or condition to collect evidence. But take photos immediately if you can. If you have a smartphone or a camera , take as many photos of the scene of the accident as you can – from different angles – prior to leaving the scene.

If you don’t have a device for taking pictures or cannot physically take any photos after the bodily injury claim, have a relative or friend take photos immediately, and before anybody changes or fixes the accident area. This is particularly vital if you slipped or skidded on snow or ice. The ice and snow’s condition can alter within minutes. Ice melt, or can be cleaned or cleared away. It may be tough to win a case involving snow and ice without photos showing the snow and ice as it was during your injury.