Premises Liability - Who is to Blame?

Premises Liability - Who is to Blame?

Accident Attorney Los Angeles - Premises Liability - Who is to Blame?

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Premises Liability is a complicated issue and covers a wide range accidents that Personal Injury Attorneys often categorize as the 'sticky wickets' of law. Why? Because at its core, Premises Liability is all about figuring out who is to blame for an accident. By definition, the term "Premises Liability" is the body of law that fixes accountability for injuries suffered by a third party on the man who is in proprietary of a premises or piece of land. In other words, the man who occupies the land and has intent to control it has the accountability to make sure it is safe and free of inescapable hazards.

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Some of the most coarse accidents under the Premises Liability heading are Slip and Fall accidents. These kinds of accidents often happen when we least expect them. We're walking straight through a grocery store and slip on a wet floor, or trip over a loose stone in a restaurant's walkway and break a bone. Injuries like this seem so avoidable, if only the grocery store had put a sign out indicating "Wet Floor!" or if the bistro had fixed that stone two months earlier when they'd noticed it for the first time. But here's where Premises Liability gets tricky. If, for instance, there was a sign saying 'Wet Floor, Beware!' and you slip and fall because you're not paying attention, then you may not be able to prove liability on the store's part for your fall. That's where a good Premises Liability Attorney can help you sort out the issue of negligence and liability. The lowest line is, no two slip and fall cases are the same. There is no set way to decide blame. Only an expert Personal Injury Attorney can tell you if you have a case.

If you should bring a lawsuit against a property owner, the court will weigh how long such a situation existed and whether or not the property owner was careless or unreasonable in allowing a health such as this to exist. Or whether he warned you the qoute existed and you ignored him. Conversely, the court will also decide if the victim is a 'reasonable person' as well. If, for instance, the victim was trespassing on the property owner's land or if he was doing something he clearly shouldn't have been doing (like drinking five beers and climbing to the top of the nearest oak tree) then the court will take into notice the victim's own actions when determining Premises Liability.

An appealing Premises Liability case took place when a married pharmacist lured a woman to his home who'd come to him to fill a prescription. He did not tell her he was married or that his wife would soon be home. Instead, he took her into his bedroom and seduced her. The wife, naturally, came home and discovered them, then proceeded to assault the woman, injuring her. The injured woman contacted a Personal Injury Attorney who specialized in Premises Liability and sued the pharmacist under Premises Liability rule of law. Now, that may seem odd, but the attorney argued that the pharmacist was liable because he lured her there under false pretenses. He invited her to his home. It was his duty to make sure she was safe there. The pharmacist was well aware of his wife's propensity for violence. Not only was she getting anti-anxiety and pain medication from him, (making her vulnerable) she was wholly unaware he was married. She had made decisions based on false data that, as a reasonable person, she would not have made otherwise. The court agreed and found for the victim.

Children are a protected class when it comes to Premises Liability. When a child is injured on man else's property, a extra group of laws apply. Something called "Attractive Nuisance" is often complicated in children's cases. Often, these cases turn tragic. Recently, a child in Southern California died after climbing straight through a broken fence to play in a sand tunnel. That broken fence and sand lot had long been the source of worry for many parents in the neighborhood. They complained to the property owner, but nothing was done to fix that fence. The child was killed when the sand tunnel he was playing in collapsed on him. The broken fence and dangerous sand lot posed an 'Attractive Nuisance', or something that might pose interest for a child. It was a preventable tragedy. Likewise, property owners have the accountability to protect other appealing Nuisances, such as an un-strapped refrigerator outdoors, an unlocked storage unit, un-fenced swimming pool, or power equipment. Construction sites must also strictly enforce their security codes.

Workplace injuries also fall under Premises Liability law. While employers are held strictly liable for most injuries incurred on-the-job by Worker's payment law, the estimate of damages collectible by the injured party is limited. An expert Personal Injury Attorney who specializes in Premises Liability can decide whether other issues, such as product liability might be complicated in such an crisis at work. There is a time limit on cases of Premises Liability so it's important to palpate an attorney who specializes in this kind of case as soon as potential after you have an accident.

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