Premise Liability

What is Covered Under Premise Liability?

Submitted by jrlaw on Aug 16th, 2010

A lot of the cases a personal injury attorney takes have to do with premise liability. These may involve slip and fall accidents in commercial spaces or other types of disasters that should have been avoided. The crux of these cases is that the person who was injured had every reason to believe that they were entering a safe environment—one that they were invited to enter—and that they were injured in a way that they could not have foreseen. There are several different ways that these injuries can come about.

  • Slippery Floors
  • Slippery Stairs
  • Defective Escalators/Elevators
  • Unstable Stair Railings or Fixtures
  • Unstable Chairs

When a commercial establishment invites you in, they’re implicitly guaranteeing that you’re not walking into what amounts to a hazard to your life and limb. They have responsibilities to live up to. If they don’t, your best option may be to contact a personal injury lawyer. These professionals understand the laws that apply to premise liability inside and out, literally, and they can make sure that you’re represented in court, if need be. You may also receive a settlement from these cases if it’s clear to the premise owner that they were at fault.

Parking Wars- Who is at Fault in a Parking Lot Accident?

Submitted by jrlaw on May 12th, 2010

You’re backing out of a parking space. You look carefully – nobody’s coming. And then, somebody smacks into you. What went wrong? You know you didn’t see anybody. Was the other person speeding? Did you just make a mistake? Is there some fault in the design of the parking lot that could have allowed this to happen? Get the contact and insurance information of the other driver. Also, write down the contact information for any witnesses. Call the police to obtain a police report for the accident, and call your insurance company. Over the next few days, watch for any bruising or nagging pains and see a doctor if you suspect any injuries from the accident.

Unfortunately, if you are backing up, you are almost automatically assumed to be at fault. Your insurance company may attempt to negotiate with the other driver’s company, but it is likely that you will be blamed. Understandably, if you are sure that you looked carefully and didn’t see anyone, you may want to dispute this. It may be time to call a Dallas car accident lawyer to see what your options are.

You have several things to consider with your attorney. These include:

The insurance companies. If the insurance companies are refusing to pay or not compensating you fairly, you may need to sue. You have the option of seeking redress from the other driver’s company as well as your own.

Who is Responsible for Slip and Fall Injuries?

Submitted by jrlaw on Mar 8th, 2010

Who Is Responsible for Slip and Fall Injuries?

It can be an embarrassing situation to slip and fall in public. Unfortunately though, in many of these situations it can be more than a person’s pride that gets hurt. When we are in parking lots, stores or in other public places it is easy to assume that our surroundings have been checked for safety and will not cause us any harm. When a personal injury occurs either inside or outside due to unsafe surroundings, the person(s) responsible for the property can be held accountable.

There are countless dangerous situations that can occur because of unsafe surroundings. Outside there are hazards such as ice patches in parking lots, uneven sidewalks, potholes and unlit walkways. Indoors we might encounter uneven or damaged flooring, dark staircases and wet floors among many others. Most of these issues are caused due to improper design, construction or maintenance. The owner of the property is usually the one responsible for the security of the premises.

Personal Injury and Subcontractors- Know Your Rights

Submitted by jrlaw on Feb 4th, 2010

Can a Subcontractor Sue for Personal Injury?

Wikipedia defines a subcontractor as an individual or even a business that signs a contract to “perform part or all of the obligations of another's contract.” This clearly indicates that a subcontractor is not an employee. Rather, a general contractor hires the subcontractor to perform specific tasks related to the overall project.

The financial advantages of hiring a subcontractor are many according to Business Link:

• Flexibility
• Lower cost on salary
• Lower cost on taxes, insurance
• Specialist expertise
• Less reliance on in-house specialists
• Specify duration and type of work
• Mitigation of project risk

Therefore, it seems like a fair question: is the employer or the contractor at fault if a subcontractor injures himself during working hours? After all, the subcontractor is not an employee, and therefore has no such recourse as worker’s compensation. Technically speaking, a self-employed individual has injured himself in the course of a job.

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