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Premises Liability And Three Degrees Of Responsibility

 Premises Liability And Three Degrees Of ResponsibilityPremises liability, also known as “slip and fall” laws, covers the responsibility that the owner and manager of a piece of property has to the people who set foot on it. The exact details can change from one state to the next, but in general every state in the Union divides visitors into three categories: invitees, licensees, and trespassers. Each group has different rights, and as the property owner you are responsible to each of them in different ways. That’s why it’s important to understand what the law says about each group.

Invitees

Invitees are people who enter a property for the financial or material gain of the owner along with people who enter property that’s open to the public in general. This can include:

• Shoppers, clients, and patrons of a store or restaurant
• Guests at a park
• Delivery persons who are dropping off packages or mail
• Contract workers like plumbers, electricians, and babysitters
• Hunters, loggers, and others who pay the owner to use the land

Because property owners and managers stand to benefit from invitees coming in, they owe them the highest duty of... ...read full post

Pay Attention When You Cross The Train Tracks

Pay Attention When You Cross The Train TracksRecently, Florida has been expanding its high-speed rail lines. One such line connects Miami and West Palm Beach, allowing people to move across one of the most densely populated stretches of land in Florida. That’s great news for the people who would otherwise be stuck in traffic all day trying to get from one end to the other, but the train also comes with a downside. Because of the dense population, and because the high-speed rail line is so new, train accidents in Florida are on the rise.

A recent study by Injury Claim Coach cataloged the number of railroad crossing accidents from 2014 to 2018, and they found 462 reported accidents with 25 percent causing injuries and 16 percent causing fatalities. That number makes Florida the sixth biggest state for railroad accidents and 11th biggest for railroad fatalities.

The Causes

The majority of train collisions in Florida and the United States happen to road vehicles. Only a few pedestrians get hit by trains, but when it happens injuries and deaths are far more likely.

The most common locations for railroad ... ...read full post

Is Fault Always Automatically Assigned In Rear End Collisions?

Is Fault Always Automatically Assigned In Rear End Collisions?When being rear ended or accidentally rear ending someone else, the average driver believes that the person who hit the car in the rear is at fault. This is not always the case. Florida uses a system of comparative negligence. That means that insurance companies and courts look at the full circumstances of an accident, and split negligence according to the details among the drivers involved. Thus, negligence can also be proved by the driver who rear-ended the other driver.

Negligence In Rear End Collisions

When a driver's actions fall below an established and reasonable standard of care, they are considered to be negligent. So what would a reasonable person have done that the driver did not do that led to the accident is what determines negligence. In order to determine fault or “negligence”, the driver has to prove a reasonable standard of care existed. This is not all that difficult as it is reasonable for all drivers to exercise care and be observant when driving a motor vehicle. Then you must show that the other driver did not demonstrate a reasonable standard of care. Some... ...read full post

GM Doesn’t Want To Join The Takata Air Bag Recall

GM Doesn’t Want To Join The Takata Air Bag RecallBack in 2015, the public found out that the vehicle parts supplier Takata was cutting corners and creating air bag inflators that were dangerous and, in some cases, deadly. The inflators worked fine when they were new, but over time the chemicals in the inflators would corrode their metal housing and cause it to break apart and become shrapnel when the air bag deployed. 250 Americans have suffered injuries because of this defect, and at least 16 Americans have died.

The Largest Ever Recall

Takata supplied just about every major automaker with their defective air bags, and they were a popular supplier since those cut corners let them offer the best prices. And since the defect only appears over time, companies installed their air bags in millions of vehicles built throughout a decade or more. As a result, the Takata air bag recall has easily become the biggest auto recall in history, and in the United States alone about 41.6 million vehicles have been recalled by their manufacturers.

Takata has long since gone out of business, but the recalls are still ongoing... ...read full post

Brian O Sutter
posted by Brian O. Sutter , in:
Recalls

Four Circumstances Not Covered Under Workers’ Compensation

Four Circumstances Not Covered Under Workers’ CompensationWhen you’ve been injured on the job, you have a right to workers’ compensation. However, there are specific circumstances where your injuries will not be covered by workers’ compensation. In these cases, you will need to meet with a personal injury attorney who can help you determine how to file a claim and what evidence you need to obtain compensation.

Understanding Some Important Basics About Workers’ Compensation

In order to understand what circumstances are covered by workers’ compensation, there are few things you need to understand about the law. Workers’ compensation is a program designed to support employees who get injured as part of their normal job duties. There are many jobs that contain a lot of injury risks such as a construction, working at sea, or dealing with aggressive patients or customers. These jobs are necessary for our society, so the law is designed to help protect both the employer and the employees so people continue working in these important fields. That is why it is ultimately considered a no-fault system.

Four Exceptions To Workers Compensation

There are some circumstances that are related to... ...read full post

Don’t Let A Workplace Accident Stop You From Living Your Life

Don’t Let A Workplace Accident Stop You From Living Your LifeA serious, long-term disability is a traumatic experience. Losing a limb, becoming paralyzed, or even just losing full mobility in one hand is a tough pill to swallow, especially if there’s no chance of going back to the way things were before. However, life goes on no matter what happens to slow you down, and if you have a good support system in place you can bounce back to do even better than how you were before.

If your accident happened while you were at work, you have the advantage of getting treatment and a partial paycheck through workers’ compensation insurance. This no-fault insurance kicks in no matter what the circumstances are and can pay out for a long time after the accident depending on the kind of injury and how well you recover. You may also qualify for Social Security Disability payments, but SSD only pays out when you are completely unable to work for at least one year.

The money definitely helps, but many people collecting disability payments worry that if they recover too much they’ll lose their... ...read full post

Do I Qualify For Disability After My Car Wreck?

Do I Qualify For Disability After My Car Wreck?Getting into an auto accident is expensive. While your insurance may help cover some of the damages to your vehicle and some of your medical expenses, they rarely cover the costs of long term care. This can be a financial disaster for your family if you can no longer work because of the injuries you sustained. You may be able to file a personal injury claim but even if you are awarded money it may not last long term if you become disabled. Besides a personal injury claim, you may be able to collect Social Security Disability (SSD) benefits as well. This is especially true if you can no longer work for at least a year or not again as a result of those auto injuries.

What Does Social Security Consider A Disability

Some questions you need to determine before you file for disability is to see if you meet the Social Security Administration (SSA) definition of disabled. These include:

● You cannot do the work you did before because of your injuries.
● You cannot be trained to work a job that is less demanding.
● You have received severe... ...read full post

Do I Need To See A Car Accident Doctor After An Accident?

Do I Need To See A Car Accident Doctor After An Accident?Anytime you get into a car accident, even a minor one. The very first thing you need to do is to see a physician. Many injuries like spinal cord injuries, traumatic brain injuries (TBI), and even soft tissue injuries like whiplash, may not show symptoms for weeks or even months after an accident. The sooner you visit your physician the better for your health and well-being, but also the more likely you’ll be able to receive the full compensation you need to cover the costs of your injuries. Seeing your family doctor is a great idea, however there is another option we always recommend. That is, accident victims should also visit a car accident doctor.

What Is A Car Accident Doctor?

Every doctor has training in a unique specialty, including general practitioners and family doctors. If your family doctor notices a condition that requires specialization, they will refer you to a specialist. For example, if you suffer frequent ear infections, they may refer you to an ENT. A car accident doctor is a type of specialist. They are trained to identify, diagnose, and... ...read full post