Many different types of personal injury cases can be classified as premises liability cases, including:
- fires, explosions or electrocutions;
- negligent security at hotels and bars resulting in violent crime;
- porch or other structure collapses;
- elevator and escalator injuries;
- injuries at camps, health clubs, and places of amusement;
- injuries at swimming pools;
- injuries from snow and ice;
- dog bites and other animal-related injuries;
- defects in stairways and walkways resulting in falls;
- slips, trips, or falls in stores or supermarkets;
- mold or other toxic injury;
- injuries to tenants and their guests in rented space or common areas;
- slip and fall cases;
- snow and ice accidents;
- inadequate maintenance of the premises;
- defective conditions on the premises;
- inadequate building security leading to injury or assault;
- elevator and escalator accidents;
- water leaks or flooding, and
- toxic fumes or chemicals.
Premises liability cases include a wide range of fact scenarios. Even dog bite cases fall under the umbrella of premises liability because they involve an unsafe condition on someone’s property (the presence of a potentially dangerous dog).
Here is how a premises liability case works:
The first steps in your case will be for your attorney to investigate your accident. He obtains evidence proving the other party’s negligence, and collect your medical records, medical bills, wage loss documentation, and other proof of your damages. This will help him to evaluate the strength of your claim and how much your claim is worth.
Maximum medical improvement
Your maximum medical improvement is the stage in your medical treatment where you have recovered as fully as possible. You need to reach this stage before moving on with the settlement of your claim to be certain that you know your prognosis and what future medical and wage loss damages you will incur. This is so that these amounts are included in the settlement.
Your attorney will send a demand package to the insurance adjuster outlining the other party’s negligence, your injuries, your medical treatment, and the amount you are entitled to in settlement. Then there will be a period of negotiation where your lawyer would try to settle your claim without the need for litigation.
If your attorney is unable to settle your claim or the statute of limitations to file a lawsuit is about to expire, he will file a complaint and litigate your case. Once the answer to the complaint is filed, your attorney will engage in a lengthy discovery phase where written questions are answered, documents are provided pursuant to requests for production of documents, and depositions are taken. He will also try to settle your case at various times, and at some point it will most likely be resolved. If not, your case would be decided at trial.
Like anything in law or life in general, getting to a successful result in a premises liability case is not always simple, and it certainly should not be viewed as simple by your personal injury lawyer. Successful prosecution of a property-related accident case requires knowledge, resources, and experience in the multiple legal specialties and sub-specialties involved in bringing such cases.
Driving a vehicle requires the greatest concentration; however, too many drivers are distracted from their main activity, driving, by secondary activities.
There are many sources of distraction when a driver is driving his vehicle: eat or drink, smoke, wear makeup, remove his jacket or sweater … But today, society asks us to manage our time best, become a scarce resource. For most of us this means, among other things, being always reachable.
Being able to stay in permanent contact with one’s private or professional surroundings has become an absolute necessity. We often use the car as an extension of our living room or our office. Manufacturers, to meet or anticipate demand, are perfecting their systems. The temptation is therefore great to be distracted at the wheel by other activities. The recent worldwide rise in the use of mobile phones while driving poses more and more security problems.
A recent survey indicates that 2 out of 3 employees call during their business trips and only 20% do so only when stationary. Users underestimate very much the risk they are taking and are hurting others by using their phone while driving. Many believe that the danger lies in the physical manipulation of the phone – the fact of holding it in hand – and consider that the solution is to use a device built into the vehicle or helmet …
THREAT: THE DROP OF ATTENTION
Holding an object in hand will necessarily complicate the task of the driver to maneuver his steering wheel if he must avoid an obstacle that arises. He will do the necessary less well (if it happens) and with a delay. The problem is not limited to the action of the hand or its position on the steering wheel, but the danger comes mainly from the mental load that a remote conversation makes to the brain. The threat comes from lack of attention. When we are on the phone, 80% of the capacities of our brain are mobilized, the remote conversation induces automatic mechanisms of thought which make that our spirit projects itself, imagines the interlocutor, the place where it is, “sees his face” . In fact, we are elsewhere, and just capable of performing routine driving tasks, as if we were on autopilot. The results of a study show that people who phone while driving record 30% less information (no difference in test performance could be highlighted between the use of bluetooth, headset phone speaker or phone held against the ear).
TALKING, WRITING, TAKING PHOTOS: WELL, TOO RISKY!
The latest generation phones, like smartphones, are minicomputers that allow multiple uses:
Talk, the basic function of any phone. Write text messages and emails (26% of drivers do so, 51% among 25-34 year olds), use applications (programs, software, internet and social networks) or even set up a GPS (36% do it while driving) . Writing a text message makes a person not keep their eyes on the road for 5 seconds, if you drive at 90 km / h, the risk of accident is then multiplied by 23. For comparison if you drive with a rate of blood alcohol level of 0.8 g / l, this increases the risk by 10. Selfies are becoming a popular practice for young people, even at the wheel! According to a survey of Europeans aged 18 to 24, 1 out of 4 admits having taken a picture while driving (28% for the French) and 43% of French young people admit to taking pictures while driving.
Driving requires a permanent concentration to process and interpret a lot of information. A second carelessness can have dramatic consequences, especially when a traffic event occurs that the driver is supposed to detect, analyze and interpret, before reacting appropriately, all very quickly. Still, his attention must be fully available and not mobilized elsewhere. The “lack of attention” is at the origin of many accidents. The reaction time, which is one second if all goes well, is increased by several seconds (2 to 4 times more). The consequence is an extension of the stopping distance. At 50 km / h, with a reaction time of 1 second, we put 28 meters to stop in optimal conditions. With 2 seconds it will be 42 meters.
Other tasks are disrupted. For example, the time spent on the overtaking lane is significantly more important, due to a lower average speed and less frequent maneuvers.
REFLEXES TO ADOPT
“The omnipresence of mobile phones in everyday life is accompanied by a lack of self-regulation on the part of their users, even in situations where this risks are endangering them” analyzes Bernadette Moreau, General Delegate of the Vinci Autoroutes Foundation. Faced with this widespread practice, some simple reflexes deserve to be adopted by drivers:
Anticipate, better organize, stop: talk on the phone before taking the road, during breaks or pass the communication or the steering wheel to a third party when possible; inform your interlocutors: before the departure, activate a voice message indicating the impossibility of stopping in case of call; protect your interlocutors: when the person called is in a driving situation, systematically suggest him to call back.
TELEPHONE AND HEADPHONES: STRICTLY PROHIBITED
As part of an investigation, a requisition from the telephone operator may provide information on the use of the telephone (voice, SMS, internet) at the time of the accident. This may have consequences in the procedure (the lack of attention may be used as a circumstance of liability) and in the context of compensation by the insurance.
Car insurance is certain to play a part in any claim that’s made after a car accident. Arizona, like most states, requires the owner of a motor vehicle to maintain a certain amount of insurance coverage in order to operate the vehicle legally on the state’s roads and highways. So, understanding the Arizona auto insurance rules is essential to any potential car accident case. Arizona is a fault based state, thi means an accident victim has to prove fault on the person that caused an accident and their injuries. Proving fault includes several elements:
- You have to prove the other person owed you a duty of reasonable care (ie: if driving, one has a duty to drive carefully and obey traffic laws)
- You must prove the other person breached that duty (ie: they were negligent by rnning a stop sign or red light)
- You were injured and incurred damages as a result of their negligence
Fault can also be split among several people or entities, which each defendant liable/responsible only for their level of fault in causing an accident or one’s injuries: Arizona is also a state of comparative negligence, which means if you act negligently and such actions contribute to your own injuries, your potential recovery will be reduced by the percentage of fault attributed to you.
-If the at-fault driver has no auto insurance, the injured party can make an injury claim against their own auto insurance carrier, providing they purchased uninsured motorist (UM) coverage.
-If the at-fault driver’s auto insurance coverage is insufficient to compensate a victim for their injuries or damages, the injured person can make a subsequent claim against their own carrier under their underinsured motorist (UIM) coverage. However, UM or UIM coverage is not mandatory under Arizona Law. It is an optional coverage that one must purchase if so desired.
After any kind of traffic accident in Arizona, if you’ve been injured or incurred damage to your vehicle, you probably want to understand your options for getting compensated for your losses.
The Arizona Car Accident Statute of Limitations
A “statute of limitations” is a state law that sets a strict time limit on the right to bring a lawsuit. These deadlines vary depending on the kind of harm you suffered or the kind of case you want to file.
(Note: the statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim – or at least give the insurer notice of an incident that could trigger a claim – “promptly” or “within a reasonable time” after the accident. That usually means a matter of days, or a few weeks at most.)
In Arizona, the statute of limitations that affects car accident lawsuits is the same as the larger one that applies to all personal injury cases. Specifically, Arizona Revised Statutes section 12-542 sets a two-year deadline for the filing of any civil case seeking a remedy for “injuries done to the person of another,” for “trespass for injury done to the estate or the property of another,” and for “injuries done to the person of another when death ensues from such injuries.”
So, after a car accident, the same two-year time limit would apply regardless of whether the legal remedy being sought is for injury, vehicle damage, or wrongful death.
If anyone was injured or had their property damaged in the crash – whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian – they must get their lawsuit filed within two years of the date of the accident.
If you try to file your lawsuit after the two-year time window has closed, the court will almost certainly refuse to consider it, so it’s important to understand how the statute of limitations applies to your situation. Even if you’re confident that your case will be resolved through the car insurance claim process, you’ll want to leave yourself plenty of time to file a lawsuit in case you need to – if for no other reason than that you’ll have more leverage during settlement talks. If you think you might be running up against the two-year deadline, it may be time to contact an experienced Arizona car accident attorney.
If the other driver was entirely at fault for your car accident, he (through their insurance carrier) will pay to compensate you for medical bills, lost wages, and other losses you suffered. But what happens if you were partly at fault? Arizona follows a “pure comparative fault” rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff’s damages, and the percentage of fault that belongs to each party. Under the pure comparative fault rule, the plaintiff’s damages award is reduced by a percentage equal to his or her share of fault. The comparative fault rule in Arizona applies even if you are found to be more responsible for the accident than the other driver. For instance, if the jury decides you are 90 percent at fault, you are still technically entitled to 10 percent of your total damages, but of course the other side of the coin is that you’ll be on the hook for 90 percent of the other driver’s damages.
A Day Care Center should be a safe haven for children. Children should be provided with activities and supervision commensurate with each’s child’s abilities, needs, and situation. Parents should be able to rely on a Day Care Center to provide for the needs of the children under their care. Many Day Care Centers provide a wonderful educational and custodial environment for children; however, some Day Care Centers, whether it is a moment of inattention or a pattern of neglect, allow children to become victims of preventable personal injuries, and, in some cases, wrongful death. The legal dues of a Day Care Center (including its staff, employees, and childcare providers) are delineated in the Statutes, the Administrative Code, and the Case Law. While it is important for Day Care Centers to know and follow the laws, rules, and regulations, it is also important for Day Care Centers and their staff members to have common sense and the ability to make good decisions on the spot. Staff members should take initiative when children are at risk for or suffer personal injuries requiring first aid and / or other medical attention. The information provided by this book is also helpful for parents who just want to learn more about the rights of a child in a Day Care Center and the legal responsibilities and duties of the Day Care Center and its staff. There are four essential elements necessary to establish a civil claim or case against a Day Care Center as follows:
Once a day care center accepts the child into the program, the day care center has a duty to provide a reasonably safe environment for the child. There is no immunity for private or public day care centers for injuries that are caused by the negligent actions or inactions of day care center employees or management. There is a duty to provide reasonable supervision and to properly inspect and maintain the day care center including common areas, bathrooms, classrooms, indoor play areas, outdoor play areas, and playgrounds in a reasonable safe condition. There is also a duty to provide safe transportation and driving when the day care center chooses to provide such services.
Breach of Duty
If the day care center breaches any of its duties / responsibilities, the day care center can be help legally responsible for the consequences. Of course, there are a number of ways in which a day care provider may breach a particular duty. Here are just a few examples:
Proximate is the legal concept that requires a more or less direct relationship between the duty, breach of duty, add the damages or injuries. In other words, the breach of duty must directly result in the injuries for there to be a claim or case to pursue on behalf of the child.
Injuries or damages are generally necessary, from a practical standpoint, to file a claim or lawsuit against the day care center. If the child did not suffer any physical or psychological damage whatsoever as a result of the negligent conduct of the day care center, it can be quite challenging to pursue such a case. It should be kept in mind that each case must be evaluated on its own particular facts and circumstances including those that pertain to the claimed damages or injuries resulting from the negligence by the day care center.
The last thing any parent wants is for their child to suffer a serious injury because of someone else’s negligence. When you place your child in daycare, you conduct an extensive investigation into the facilities and the staff to make sure that your child will be well cared for.
Even so, your child may have suffered an injury due to:
- Premises liability
- Poor supervision
- Direct physical abuse
Perhaps they slipped and fell because of a negligent daycare worker. Maybe they were injured on poorly-maintained playground equipment. Many injuries are simply the result of a lack of supervision by staff members. If your child has been injured in such an accident, a personal injury lawyer at our firm can help you file a claim.