Gated communities are a choice for many because of the extra privacy and protection. Since most gated communities have security guards at the entrance, intrusion is difficult, but of course not impossible. When that happens, and someone breaks into your gated community, do you know what are your rights?
Gated communities can also have crimes just as your regular neighborhood. People can break into houses, stole property or even assault someone. However, when a gated community is not able to provide the things it promises i.e. security, then they can be liable.
It’s the gated community’s job to provide and maintain the security they promise to their residents. Which means that they must constantly work on repairing and improving the security measures that should provide said security.
Reduce property liability through maintenance
Gated communities can be liable for any injury or damage which happens because they failed to make necessary repairs and improvements on the security. So for example if the community fails to repair the gate (after it breaks down) in a timely manner and this allows an intruder to break in and cause someone harm, then the gated community could be considered negligent.
Usually gated communities have a secure gate, a security guard and a patrolling guard. With all these measures, it’s safe to assume that the residents should feel pretty safe. All the staff that is hired by the community should be qualified for that position and must provide the necessary security. The gated community could also be considered negligent if they have poor hiring practices and they hire people that is not qualified enough to provide the security that the community promises.
Lower property liability through security access
Gated community security is further controlled by the gate access. You can see that some gated communities have a security guards at the gate while others have security key pads that allow you to enter the community. Permitting someone to enter the community without properly identifying them, the community could be held reliable for that too, if the person causes any injuries or damage to the community residents.
It’s your gated community’s obligation to warn you about local crime activity. If some of the residents suffer damage or injury and the community fails to warn you about local crime, then they could be held accountable for that as well. If your neighborhood had recently experienced acts of burglary, break-ins, assault etc. then your community is obligated to warn you about those.
If you live in a gated community and you suffered an injury or damage as a result of security issues, contact us today and get familiar with your rights.
Premises liability is the legal principle in which accidents on some property hold owners of that property as mainly responsible at some level. This principle also stands for premises that can occur. Premises liability impacts businesses that own business property and hold them legally responsible for the safety of guests to that property.
There are products that insurance companies offer to a business people to help them cover premises liability risks.
If you are managing business out of your home or have a business property, those premises pose some level of potential for an accident. The scale and type of disaster depend on the property location and the nature of the business. Owners must consider their property for injury prevention and safety.
One of the significant role in determining your liability when the accident/injury occurs . on your premises is the status of the injured party upon entry. When a business opens its doors to customers, you are in the same way liable when the person is a guest. Third parties who come to your property for their purpose at the owner’s consent( your consent), are the owner’s responsibility, in some states. Those people who enter the property without an invitation or permission pose the least burden of liability to the owner of the property. FindLaw notes that more states are holding property owners accountable for legal visitors, including guests, but not for illegal visitors.
Other factors related to establishing safety environment are considered by the court when hearing cases on premise liability. Key Issue includes: Whether the property was being used as directed by the owner when the incident occurred, the “foreseeability” of the event by the owner, and whether the owner did enough to fix a dangerous condition or to warn visitors about potential dangers. If there is a reason for children to be potential guests on your property, your protection should be adequately increased.
Coverage provided by insurance should assign to you experienced liability loss adjuster to assist you. Here in Schenk Podolsky Attorneys at Law, you can get valuable information and of course consultation about the next step.
This form of liability arises out of individual actions if you negligently cause another person to sustain an injury. For instance, you may be hitting some golfer with a tee shot, or maybe knock on the umbrella stand at your friends’ house. The key to this coverage is the concept of negligence, a non-intentional act that results in covered losses sustained by a third party. Standard personal liability insurance won’t cover Intentional violence, libel or slander.
Remember that liability insurance only covers your actions and premises that you occupy as a personal residence. If you buy and occupy the premises, you should discuss this with your insurance advisor.
Here at Schenk Podolsky Attorneys at Law, we can help you find insurance coverage that will protect you in the course of your work as well as the premises where you carry out your business.