Tag Archives: Premises Liability
Insurance Exclusions

Insurance Exclusions: When is a Comma Worth One Million Dollars?

Insurance exclusions take away coverage for damages you might otherwise think are covered in an insurance policy.  Insurance exclusions often appear as a clause in an insurance policy that eliminates coverage for specified events.  For example, homeowner’s policies often exclude coverage for flood damage. Simple, right? Anyone actually sitting down and reading insurance policy language knows it [...]

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When Property Dangers Cause Injury

Property Dangers: Premises Liability

Stairways in deplorable condition cause injuries.  But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to the ground by what looked [...]

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Reasonable Damages

MITIGATION OF DAMAGES IN PERSONAL INJURY

  No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury.  At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. Mitigation of Damages Mitigation of [...]

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Premises Liability

PREMISES LIABILITY LAW AND INJURIES

Premises liability cases address the legal duty of property owners. Many scenarios fall under premises liability.  A store customer opens a cooling unit to reach for an item and a heavy door slams into her head.  A shopping cart speeds along the floor, striking a customer. A homeowner, legally burning brush, walks away and a [...]

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Minor Settlements

Minor Settlements: Why is Court Approval Required?

Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions.  Minors in most cases can’t sign enforceable contracts.  So, an insurance release cannot bind a minor.  This contradicts the basic purpose of insurance company releases seeking [...]

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SNOW AND ICE PERSONAL INJURY CASES

Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery.  Fault must be established on the part of the property [...]

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LIENS ON PERSONAL INJURY CASES

Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed.  Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have been paid.  Acceptance of these [...]

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Personal Injury Reasonable Man Standard

PERSONAL INJURY: Reasonable Person Standard

Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly.  The reasonable man concept is burned into legal history.  However, [...]

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Post settlement problems

PERSONAL INJURY: Can Case be Reopened After Settlement?

Question: When symptoms come back years after an accident is it too late to file a claim?  My niece was in a car accident four years ago and broke her neck.  She received a settlement check and her medicals bills were paid.  Now, she is experiencing renewed pain and she doesn’t have health insurance.  Can [...]

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torts

PERSONAL INJURY: Negligence Law & “Torts”

In the law, the word “tort” means a civil wrong.  Latin play less of a role in the law as in previous eras.  But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools.  The most common torts involve negligence.  Negligence [...]

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