Thursday, January 31, 2008

Why Property Owners are sued of Premise Liability

Premise liability cases arise frequently due to property owners’ negligibility in keeping their premises safe. Most of the premise liability claims of victims are filed on the grounds of negligence or unintentional torts.
Negligence is practiced when a proprietor fails to exercise reasonable care on his premises. An owner’s inaction, especially when he/she is aware with the hazardous condition within his/her property, could be a strong foundation for a premise liability claim.
Landowners owe the highest duty to invitees or licensees. In any establishment or property, whether public or private, it is a common goal to maintain a reasonable safe environment for visitors or licensees. (A licensee is any person who enters the premises with permission from the landowner for his or her own purpose.)
The law requires all owners to comply with a certain degree of care to maintain their ownerships. It is in these owners’ interests to maintain safety and security within their premises and to warn any visitor of unknown dangerous conditions that could cause harm or injuries to them.
A statute or legislation may define the applicable standard of care in a specific situation, and a violation of the statute may constitute negligence per se. The following elements must be met in order for a statutory duty of care to be applied:
  • The statute or regulation must clearly define the required standard of conduct
  • The statute must be regulated with the intention of preventing the harm that the defendant have caused
  • The plaintiff must belong to the class of persons the statute was designed to protect. (This excludes trespassers.)
  • The violation must be the proximate cause of the injury or injuries.
Application and implementation of safety principles is of utmost importance to avoid being sued or charged of premise liability. The author of the article, “Premise Liability, An Author’s Perspective”, enumerates some common principles in the foundation of maintenance programs in establishments.
What owners need to know is that they could prevent accidents within their property if they conform to their duty and abide with safety procedures in maintaining their establishments harmless. Otherwise, they shall have to face legal consequences.

Friday, January 25, 2008

Take Your Claims Seriously

As simple as a slip and fall may sound, it should be taken seriously. I agree with an article I read on premise liability, entitled, "Slip Trip and Fall, No Laughing Matter", which says that serious and debilitating injuries can be incurred in a slip or trip and fall accident. It is one of the leading reasons for filing a premise liability claim.
Severe injuries from this accident include:
  • Brain injuries
  • Spinal cord injuries
  • Broken bones
  • Severe cuts and bruises
  • Face and body disfigured
Slip, trip and fall can occur in a variety of circumstances, such as, while shopping in a mall, touring the zoo, dining in a restaurant, playing in a park or playground, walking in any business establishment, while in a neighbor`s backyard, and even within the four corners of ones’ home.
The main reason why these accidents take place is due to property owner’s negligibility in keeping his or her premises safe. Poor maintenance and deliberate inaction accounts for several slip and fall cases. Proprietors should extend their courtesy in ensuring the safety of the people visiting or passing by within their property. If they fail to follow their standard of care, an injured victim shall have grounds for a personal injury lawsuit. The importance of filing charges is having the opportunity in obtaining just compensation for the damages one has suffered. The payment include general and special damages, and in some instances, even punitive damages.
Slip and fall torts fall under premise liability. It follows legal consequences that should not be taken for granted. An injured party must take legal action in order for them to gain what they have lost. Their losses may include past and future medical expenses for surgery, medication, therapy and others. A victim may also attain mental and emotional injuries for the pain and suffering that they have sustained. This is why a slip and fall is no laughing matter.

Wednesday, January 23, 2008

Product Liability Issues on Candy Recalls

For all we know, among all the states in the U.S., California has the one of the strictest policy and implementing procedures when it comes to protecting its citizens against defective and hazardous products. After giving much focus of lead contaminated toys from China, the state government is now directing its attention on Mexican candies after the recent San Antonio lead-tainted candy recall.
Just recently, another brand of lead tainted candies from Mexico has been the subject of recall. The Texas Department of State Health Services has found that these candies imported by Villa-Mex Imports Inc. are containing high levels of lead after a series of tests conducted.
The candy, Miguelito, Azucar Salada Enchilada Acidulada contains lead levels that are higher than what the US Food and Drug Administration believe is safe. The agency said, any level above 0.1 parts per million can cause a great risk on an individual’s health.
Meanwhile, after reading this news, I also come to know that the said importer of these products has also been the subject of other past product recalls. It is just irritating to know that a company like Villa-Mex Imports Inc. is still authorized to continue their operations.
We should not wait until our children become victims before we act. The government must examine this particular case promptly to determine whether the importer’s license should be cancelled. They should implement other strategies on how to make sure those similarly dangerous products will not ever reach the innocent consumers again.
But then again, for those who may sustain injuries in consuming or utilizing a defective or dangerous product, the federal and California Laws may serve as their refuge.
Under the product liability laws, any person who has incurred harm and damages from another person or entity’s negligence or wrongful acts may file his lawsuit. However, the procedures can take time and lots of efforts – the main reason why most of the victims hire their respective product liability attorneys.