Tag: Premises Liability
Negligent Security: Property Owners Liable For Security Failure?
Two hockey fans get into a fight in a public restroom during a Boston Bruins game. Can the one injured seriously sue the TD Boston Garden for failing to provide adequate security? A Superior Court judge in Boston faced that question and, not surprisingly, different versions of what happened. The […]
Insurance Exclusions: When is a Comma Worth One Million Dollars?
Insurance exclusions take away coverage for damages you might otherwise think are covered in an insurance policy. Insurance exclusions often appear as a clause in an insurance policy that eliminates coverage for specified events. For example, homeowner’s policies often exclude coverage for flood damage. Simple, right? Anyone actually sitting down and reading […]
Property Dangers: Premises Liability
Stairways in deplorable condition cause injuries. But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to […]
MITIGATION OF DAMAGES IN PERSONAL INJURY
No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury. At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. […]
PREMISES LIABILITY LAW AND INJURIES
Premises liability cases address the legal duty of property owners. Many scenarios fall under premises liability. A store customer opens a cooling unit to reach for an item and a heavy door slams into her head. A shopping cart speeds along the floor, striking a customer. A homeowner, legally burning […]
Minor Settlements: Why is Court Approval Required?
Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions. Minors in most cases can’t sign enforceable contracts. So, an insurance release cannot bind a minor. This contradicts the basic […]
SNOW AND ICE PERSONAL INJURY CASES
Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery. Fault must be established on […]
LIENS ON PERSONAL INJURY CASES
Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have […]
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is […]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]