Blame it on the Premises

By: Jamil Estorninos
Submitted: 2008-07-02 16:23:43
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Have you ever met an accident and wondered how do you figured on it when you knew you have not been negligent?

If yes, read on.

Accidents happen everyday. And as much was we don’t want them to come into us, they will. It’s the Murphy’s Law. At one time or another – or, in another else’s property.

Take the case of slip and fall in your favorite restaurant. You came in. Feeling excited as you smell the aroma of your favorite food.  You traverse the premises in a normal, careful manner.  Then suddenly, you slip, you fall. And you find yourself in a wheel chair for about a month or two. All because you happen to step in that tiny wet spot that contains no warning whatsoever on your favorite restaurant’s floor. 

Or the case when you visited your friend’s house in one merry nothing-to-do holiday afternoon. You came inside after you hug and kiss and exchange pleasantries.  Then suddenly, you trip, you fall. And you find yourself suffering a reoccurring back pain because you tripped and fell caused by an improperly placed vacuum cleaner that your friend didn’t warn you about.

Premise liability claim attached to a property owner when he failed to exercise a reasonable degree of care to avoid accident in the premises. When, for instance, there was failure to warn guests or customers of a possible accident that may occur in the premises. Like, “Falling debris”, “Caution: Wet floor”, “Watch your step”, etc. The liability is based on negligence.

Claim will also be had against an owner when there is an inherent defect in the property and he failed to make necessary repair or maintenance, or at least post a warning of a looming danger, in the premises.

Our laws allow victims of property owner’s negligence and lack of foresight to recover from them. If you have met an accident in somebody else’s property and you think the owner is responsible, you can claim from him through the help of a premise liability claim lawyer.

There are of course, exceptions.

Trespassers, like burglars, cannot claim from the owners of the property whom they trespass. The reason is obvious. Trespassers are violating the law. They came into the premises without the owner’s permission. Whatever injuries they sustained while trespassing, they cannot recover for damages because one should not profit from a wrongful act.

Exceptions to this exception however, are children. It is so because children have low, or no, perception of the danger that lies before them.

With respect to employees, we have workers' compensation laws, which can hold employers liable for most injuries in the workplace. But unlike premise liability claims, the amount of damages here is limited.

As to government properties, claims for injuries sustained by an individual can be pursued under either, the Federal Tort Claims or the state tort claims act, which can vary from one state to another.

It is good that our laws, especially in California, allow helpless victims of accidents in some other else’s property to recover from its owner. And help from an LA premise liability claim lawyers is just a call away.  However, it is best to be always careful for there will always be dangers that lurk around us.

Danger: be careful!

Article source: Expert Articles