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Property Injury Protection |
Article Submitted by: Mesriani Law Group
Friday, 04 December 2009
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Premises liability is extensive by nature because it involves property owners and residents. Houses, buildings, amusement parks, malls are among the places considered under this legal theory.
Although rules vary and there are case to case basis of accidents or injuries that may occur.
There are four different categories of visitors to a property—the invitee, the social guest, the licensee, and the trespasser. The invitee is "someone who is invited onto the property of another, such as a customer in a store... A licensee enters property for his own purpose, or as a social guest, and is present at the consent of the owner. And, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property."
If you do not want any illegal intruders to step on your property, you should place a sign that says "No trespassing." It is especially necessary if someone might get injured once they enter.
There is such thing called as comparative fault system in personal injury cases. It is defined as "an injured person's legal damages will be reduced by a percentage that is equivalent to his or her fault for the incident. So, if it is decided that an injured person was 25% liable for an accident, and the total damages were $10,000, he or she will receive only $7,500."
When it comes to landowners, generally they are not held liable for any physical injury sustained by an outsider, who is neither an invitee nor a social guest. But there are cases such as the guest was harmed because of a defect on the property, the defect is hidden, or the defect is very dangerous (artificial or natural). There are some cases involving injury because of public sidewalks or walkways.
One of the most common premises liability situations occurs when you are injured because of a defect on a public sidewalk or road. Usually, when there are road constructions like excavation or obstruction, you might get injured either because of the changes or the traffic flow.
However, the government is not liable or can be sued because of sovereign immunity. Over the years, the state and federal governments have reduced it by passing bills that apply to case to case situations.
And most are modeled after the Federal Tort Claims Act, which is "which is a federal law waiving the sovereign immunity of the federal government under certain situations and limiting "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred."
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To pursue a claim for <a href=http://www.mesrianilaw.com/Premises-Liability-Claim.html>premises liability</a>, get help from our experienced <a href=http://www.mesrianilaw.com/>premises liability attorneys</a>. Visit our website and avail of our free case analysis.
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