Menu
Newest Articles
Top Articles
RSS Feed
Submit Article
Login
Signup
Article Count : 223339


Search Articles

Articles Main Categories
Advice
Animals
Automobiles
Business
Career
Communications
Computer Programming
Computers
Entertainment
Environment
Family
Fashion
Finance
Food
Health & Medical
Home & Garden
Humor
Internet Business
Internet Marketing
Legal
Leisure & Recreation
Marketing
Other
Politics
Reference & Education
Religion
Self Improvement
Sports
Technology & Science
Travel
Writing

Subscribe
Receive alert message from us when new articles submitted to our site for free.

Enter your name

Enter your email

Syndicate












Bookmark Us











StatCounter
Our Partners
Free Articles


Home::All

Premises Liability: Who is to Blame?

Author : Dietrich Elliot
Views : 76

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 responsibility for injuries suffered by a third party on the person who is in possession of a premises or piece of land. In other words, the person who occupies the land and has intent to control it has the responsibility to make sure it is safe and free of obvious hazards.

Some of the most common 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 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 restaurant 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 bottom line is, no two slip and fall cases are the same. There is no set way to determine 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 condition such as this to exist. Or whether he warned you the problem existed and you ignored him. Conversely, the court will also determine 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 consideration the victim’s own actions when determining Premises Liability.

An interesting 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 attack 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 completely unaware he was married. She had made decisions based on false information 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 someone else’s property, a special group of laws apply. Something called “Attractive Nuisance” is often involved in children’s cases. Often, these cases turn tragic. Recently, a child in Southern California died after climbing 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 repair 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 responsibility to protect other Attractive 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 safety 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 Compensation law, the amount of damages collectable by the injured party is limited. An expert Personal Injury Attorney who specializes in Premises Liability can determine whether other issues, such as product liability might be involved in such an accident at work. There is a time limit on cases of Premises Liability so it’s important to contact an attorney who specializes in this kind of case as soon as possible after you have an accident.

Author Info

Dietrich Elliot is a freelance writer, teacher and retired http://www.attorney-personal-injury-los-angeles.com/">Los Angeles Personal Injury Attorney. He writes about http://www.youtube.com/watch?v=7zR6RX86ZUk">Personal Injury Law as it pertains to Los Angeles, the city in which he lives. You can contact Mr. Elliot by emailing him at: DietrichElliot@aol.com">DietrichElliot@aol.com.

Related articles


  1. H1-B visa is the most popular and sought after US work visa and US Immigration requires 'every' fore
  2. Online legal service providers of India Lawyers?
  3. Here is the elucidation to your lawful concerns.
  4. Here is the elucidation to your lawful concerns.
  5. Lawyer, Attorney Quotes & Articles
  6. Get Up To Date News about Identity Theft at IdentityTheftDaily.com
  7. A cocaine addiction treatment is a step-by-step process.
  8. It’s time to put an end to your addiction with Xanax addiction treatment.
  9. Divorce Lawyer
  10. Discrimination Lawyer
  11. Premises Liability: Who is to Blame?
  12. Is a finance visa the same as a green card?
  13. How to immigrate to United States
  14. Expunge or seal your Criminal Record
  15. Criminal Attorney Miami
  16. A Small Sense Behind the UK Constitutional Reform Act 2005
  17. Am I To Young To Write A Will?
  18. Civil Commitment for Sexual Predators
  19. Lawsuit Loans Help Keep Cases and Lives Financially on Track
  20. Wisconsin Lemon Law
  21. Hospital Superbugs - Making A Personal Injury Claim
  22. Patent Filing India
  23. Patent Writing India - The Patent Amendment Act, 2002
  24. Nude Notary Reveals the #1 Misunderstanding about Notaries
  25. Work Accident Compensation Following A Machinery Accident
Popular Articles
Latest Articles
· John Wayne’s Death and the 1954 movie 'The Conqueror'
· Cool Tattoos
· 2 Most Important Facts about Motorcycle Helmets
· Online Survey - Will help you to automate the online data collection and ensures complete accuracy
· Caring for Tattoos
· Every Business Should Invest In A PUNCHING Bag!
· "Good & Not So Good Advice From Our Moms (UK)"
· Top 10 Questions and Answers on Atkins Diet
· "Are You Doing It on a Regular Basis?"
· Tennis Champions: Are They Born? Or Made?
· What Truck Lifts can do to your Trucks
· 2006 * AVN Award Nominations * ( Adult Video News ) * Announced 11-23-2005
· " 8 Simple Ways to Defend Yourself Against Evil Doers Both O
· Fantasy Baseball - Why Traditional 5x5 leagues are outdated.
· The Twenty Percent Rule!
· Transcription - Making Your Life Easier
· GO GREEN! RECYCLE YOUR OLD CAR!
· The Four Horsemen of the Apocalypse.
· Bill Consolidation Loans - Quick Debt Elimination
· The Man Poet
· Keys to Project Success - Using Audits and Reviews as a Best Project Management Practice
· The Champs Elysees Avenue In Paris
· Quiz: Are You Ready for a Roommate?
· The importance of Elearning
· DUAL PANE WINDOW GLASS REPAIR
· Choosing A Domain Name Effectively
· 11 Proven Methods For Maximizing Your Business By Using The Magic Of Autoresponders
· El Celta tiene a todos listos para enfrentarse al, LA RECUPERACIĂ“N DE OUBIĂ‘A
· Save Money By Giving Flower Seeds As Wedding Favors
· Emerald Green Arborvitae for Lahaska Pa.
· A Space Junk and Meteorite Hunting Site
· Reglazing Bathtubs for a Whole New Experience
· Motorcycle Face and Eye Apparel - A Hoax or Coax
· Your Best Guitar Practice Routine
· "How to become more creative in three easy steps
· Green Giant Arborvitae - A Plant Superstar
· Does Your Resume Sell You?
· 10 Tips to SPEED Up Your PC
· "8 Key Actions for Protecting Your Privacy Online"
· "Beatles for Dummies"
· A Few Daylily Facts: Makes Growing Daylilies A Snap!
· Walk Your Way To A Fitter Body - Do The Treadmill Workout Now!
· How to Dial Up a Recycling Solution for Your Cell Phone
· Emergency First Aid and CPR
· "I Built a Better Mousetrap"-- Advice on Protecting Your Cre
· Total Steel Building Project Services
· Easy Credentialing due to Teacher Shortage
· How Much Rent is Too Much Rent?
· Why hire an SEO Content writer
· Elizabeth Bathory - Fact and Fiction
· Council house exchange services
· Importance of Yahoo Store Design, Development
· Importance of Yahoo Store Design, Development
· Web promotion A new terminology for marketing.
· Online Internet Marketing is the Big Source to Achieve Your Web Promotion Goals.
· Access online shopping sites and save your valuable time and money.
· Get the best Bodybuilding Supplement at the best price.
· Cyberoam UTM Introduces On-Appliance SSL VPN
· How To Find Foreclosure Properties
· GPT Sites - Find The Legit One
· Web Application Development
· Cross Selling and Up-Selling-BPO Key Marketing Strategy
· Appointment Setting: A Keystone For Call Centre Business
· Health Insurance Plans
· Solutions to insurance problems
· Web Designing - Online Brand
· All the things you have to know regarding seo hosting and how it could prove to be beneficial and ca
· Tips For Getting Government Personal Grants
· How to Receive Government Grants For Farms
· How To Receive Government Grants For Small Businesses
· Quickly Receive Government Grant Loans
· How To Receive Government Grants For Senior Women in Business
· How To Get Government Grants For Housing
· Government Grants For Insulation
· How To Receive Government Grants For Minorities
· Student Loans Vs Government Student Grants
· Receive Free Government Grant Money You Never Have to Repay Back!
· Romantic Games - Bring A New Level of Passion
· For Those Who Live The Sinless Lifestyle
· Queens landlord ventures into Nassau
· Life Insurance: Policy to secure the future of your loved ones
· Not Just Another TV Show About Ghosts
· How to find fake watches
· Tips to Get Repeat Web Traffic
· International Corporate Relocation: Quality control and its role
· International Relocation – The expert move
· Christian logo design - The importance of a logo
· Choosing the Right One for you- jewellery costume
· Carpet Cleaning
· Digital Video Recording- The Advanced Feature Of Satellite TV
· Getting The Most When Shopping Online
· Home Loan Interest Rates
· Mutual Funds Industry In India
· Children's Educational Planning/Educational Planning
· Flagsforyou.com Announces Flags For All Seasons And Special Holiday Coupon
· Window Blinds – Beautiful Veil for the Windows
· A one-size fits-all solution for an enterprise E-commerce solution
· Online Shopping-Price vs.Quality
· What is the advantage of Replica watches
· Guide for Buying a Replica Watch


Related Feeds
Premises Liability Law
Attorney Neil Burns has represented families and loved ones who are victims as a result of negligent maintenance of premises for decades. Massachusetts law protects victims who are injured as a result of accidents caused by the ...

florida premises liability attorney: How do you determine the ...
As I mentioned previously, if the insurance company can prove the victim was also to blame for the accident that would damage their comparative fault of the award by the percentage of their debt reduced. Is also examined in order to ...

Beware Of Negligence: Avoiding Premises Liability | Wrongful Death
Almost everyone in the United States would be a story about the maintenance of a physical or mental disability or illness due to someone else to blame. When an accident leaves a devastating mark on the life of an individual. ... The carelessness or even deliberate action of those responsible, have qualified with a case involving personal injury, premises liability.A claim of personal injury, and for wrongful death, medical malpractice, slip and fall will be sued, ...

Child Hit By Car – Florida Car Accidents Question
The following is a competent answer from Florida premises liability lawyer, Joseph M. extracted mouse, and AllExperts given. com, a free Q & A service on the Internet: Question: In June, my daughter got out of the public bus and crossed ...

Guilt, blame and failure at Larvatus Prodeo
The offences being punished in those cases are generally assumed to be offences that occurred within the professional purview and oversight of the organisation, e.g. a sexual assault happening on university premises, some kind of breach of .... 8.3 Exposed WASFF to civil or criminal liability; 8.4 WASFF to public ridicule or contempt or otherwise prejudiced the conduct of its activities or the satisfaction of its objectives; 8.5 Been fraudulent in his dealings with the ...

Understanding Liability
And the blame. How many personal injury, premises liability cases are generally subject to examination of negligence. Negligence in simple terms, is a test of whether an owner or operator is responsible for violations of the plaintiff. ...

How to Sue a Premises Owner for your Personal Injury | Personal ...
Los Angeles premises liability claims is an easy case to win as long as you present sufficient evidence that the owner or his staff was indeed at fault. Before you plan filing a lawsuit, you need to take note of some important things. ... point is a little difficult especially if the owner was not present in the scene where you had your injury. However, even if it was the fault of the employee or staff, ultimately, the owner will still be to blame for his staff's fault. ...

Personal Injury - premises liability - Slip & Fall Accidents
Answer: In Rhode Iceland, premises liability concerns in the area of the law which cause a property owner or the person responsible in the possession of the property as a result of an accident, injury to a person who was using the ...

Personal Injury and Compensation - The role of a Personal Injury ...
And all this happens because someone else to blame! Car accident and personal injury victims are often reported to be innocent. Often victims do nothing to protect it had when the accident occurred. Drunk driver accident, dog bite slip ...

Burglary and Premises Liability Claims
Premises liability describes the legal responsibility of the owner, if the injury or other accidents on their property, “renters insurance” , . What types of questions are there? The most common questions are presented, ...

© 2007 japanimo.com - All Rights Reserved