Premises Liability Settlements: The Process Explained
Premises liability applies to homeowners, business owners, landlords, and tenants alike, although it has various applications in each setting. Laws protect you from unlawful injury due to someone else’s negligence, whether it’s a slip and fall or a dog bite. Today’s blog takes a deep dive into premises liability law with a specific focus on how the settlement process works. Keep reading to learn more about premises liability settlements and how you and your attorney can navigate them. What is the Basis for Premises Liabilities? Premises liability happens when there’s an injury caused by unsafe or defective conditions on someone’s property. There are four requirements for establishing premises liability: Ownership of the property – You must be able to prove that the person owned, occupied, or leased the property at the time the injury occurred. If you can’t prove this, you don’t have a premises liability lawsuit. Negligence – You must be able to prove that the individual neglected their property and that that negligence caused your injury. For example, an icy walkway outside a business where you slip and fall could be a premises liability. Presence of an Injury – Say you broke your wrist slipping on that ice. In that case, you’d have premises liability. However, if you fell but sustained no injuries, you wouldn’t have met that requirement. Impact of Negligence – Finally, you must prove the connection that your injury was due to the property owner’s negligence. You visited that business, fell on their property, and broke your wrist. Connect those dots, and you have premises liability. While falling and breaking your wrist is a strong example of premises liability, it’s not the only one. Other examples include: Security-related issues Unsafe escalators, elevators, and staircases Other unsafe conditions, such as a ceiling collapsing Animal bites Restaurant and retail liability Inadequate maintenance Invitees vs. Licensees vs. Trespassers Now, just because you set foot on someone’s property does not mean they are liable for your injuries. There are three categories of visitors and laws dictating liability accordingly. Invitees are individuals whom you’ve invited onto your property, whether directly or indirectly. For example, say you’re a business owner with customers shopping, or you’re simply going to work. You have the right to inhabit the premises safely. Licensees are visitors you’ve invited to your home. A friend coming over for dinner is an example. Licensees are friends, while invitees are for commercial reasons. Trespassers are visitors who aren’t allowed on your property. You’re not liable for their injuries if you post a sign warning trespassers of potential dangers. For example, posting a warning sign that you have dogs means you won’t be liable if a trespasser is bitten, provided the dog is behind a fence it can’t get over. Now that we’ve established the basis of how premises liability works, let’s look at the steps involved in a settlement. While some cases go to trial, many are settled outside the courtroom with favorable results, saving everyone time and money. How Do Premises Liability Settlements Work? Say that your broken wrist required surgery, putting you out of commission for weeks. Instead of going to trial to prove what happened and having a judge or jury decide whether you receive compensation for your pain and suffering, you reach an agreement between yourself and the party responsible for your injuries. In a settlement, both parties come to an agreement with very specific terms, which are written out and signed by both parties. This signed agreement is legally binding. It’s the same as if it were in the courtroom, decided by a jury. You must follow the terms of the settlement. Depending on the jurisdiction in which you live, the agreement is legally binding either when both parties have signed it or when a judge signs it. Your lawyer will know what jurisdiction you’re in and can explain how your settlement will work, so you won’t need to worry about those details. The settlement agreement terms are then carried out, following any and all instructions listed in the settlement. Settlements are often very specific, giving deadlines and instructions for when and how you must do things. For example, say you receive a settlement of $50,000. The settlement agreement would state when you receive that money and how it will be paid. Negotiating Settlement Terms You’ll likely negotiate the settlement terms over several hours or days. Sometimes — but rarely — an agreement is made immediately. However, it’s unlikely that the other party will want to give you the monetary amount you’re requesting. Chances are, they will negotiate lower terms. This is why, in many cases, the injured party will request more than they want in hopes that they’ll settle for the amount they really want. Either way, while you might not receive the exact amount you want, settling is better than not receiving anything at all or going to trial and having the jury rule in favor of the other party. Your lawyer will guide you through this part of the settlement process. Flickinger Boulton Gooch & Robson Can Help Premise liability law protects licensees, invitees, and even some trespassers who are wrongfully injured on public or private property. If you believe you have a premises liability case, contact Flickinger Boulton Gooch & Robson. With over 150 years of experience in personal injury law, the lawyers at Flickinger Boulton Gooch & Robson are well-equipped to represent you. We’ll fight for you to get the compensation you deserve for the pain and suffering resulting from the premise liability. With offices located in West Jordan and Provo, our team of experienced lawyers will provide a free case evaluation, where we’ll go over the details of your case and see how we can best represent you. Call us at 801.500.4000 or contact us through our website to schedule your free case evaluation and see how Flickinger Boulton Gooch & Robson can help you.
What to Do if Your Parents/Grandparents Experience Nursing Home Abuse
Keep in mind that complaints aren’t necessarily about abuse. However, minor complaints here and there can indicate a more significant problem that needs to be addressed.
Medical Conditions that Disqualify Commercial Truck Drivers
The FMCSA lists the following as medical conditions that disqualify drivers from operating commercial trucks due to the risk of semi-truck accidents:
Are Cyclists at Fault? What You Need to Know
Car accidents happen every day, including accidents that involve cyclists. Accidents in Utah have reached a 30-year high lately, posing an important question: are cyclists at fault if they’re involved in an accident, or does that responsibility fall on the driver? Knowing your rights in an accident is half the battle. As it turns out, there’s no flat “yes” or “no” answer to this question. Instead, there are some factors that determine who is at fault when there’s an accident of any kind, including bike accidents. One of the most significant factors is whether cyclists follow traffic laws while riding their bikes. Failure to do so could indicate either partial or whole fault in the accident. The same goes for drivers. If traffic laws aren’t followed, and an accident is the result, you’ll be partially or wholly responsible for the accident. Let’s take a deeper look. What laws do cyclists need to follow? Like motor vehicles, cyclists are expected to follow the law when riding on public roads. These laws don’t always apply to private property, but they are advisable since they’ll keep you safer. Those laws include: Have front-facing and rear-facing reflectors. Have functioning brakes. No passengers unless your bike is built or adapted for two. Obey all traffic laws as if you were driving your car. Don’t ride with your hands off the handlebars. Use the bike lane when there is one. When riding, keep to the right (not the middle of the lane). Do cyclists cause accidents? Cyclists are capable of causing accidents, even though it might seem impossible since motor vehicles are larger and can cause much more damage. But as it turns out, the fault isn’t based on injuries. Instead, it’s based on who is following the law vs. who isn’t. Of course, that means the cyclist and the driver can share fault for the accident, whether it’s split evenly or with one party bearing more guilt than the other party. When are cyclists at fault? It’s important to ride on sidewalks and bike lanes whenever possible on Utah roads. If you must share the road, keep to the right since bicycles are slower than cars, and you don’t want to hold up traffic. Defensive riding is your best bet to avoiding a bike accident. But not being the best at defensive riding isn’t enough to make you at fault. Being the at-fault driver involves breaking the law. Examples include: Ignoring traffic signs — This involves not obeying stop signs, stop lights, pulling into traffic, etc. Not having night lights — As we mentioned before, you must have front- and rear-facing lights on your bike. Failure to have them or turn them on at night can cause an accident. Not yielding — This involves turning when you don’t have the right of way. Local laws will dictate when you have the right-of-way vs. when you should yield. Generally speaking, you should always yield to oncoming traffic. Riding against traffic — This involves riding in the opposite direction of traffic. Note that this is just as illegal and dangerous for cars as it is for cyclists. If you’re a cyclist who broke one of these laws and was involved in an accident, you’ll likely be partially or entirely at fault for the accident. When are drivers at fault? Just like cyclists must follow the rules of the road, so must drivers. The only difference is that the law for drivers can be slightly different. Different types of fault include: Distracted driving — While cyclists can be involved in a bike accident because they were distracted, it’s much more common for vehicle drivers to become distracted while driving. Being on a smartphone, listening to music, and paying attention to passengers are common forms of distracted driving that often result in bike accidents. DWI — It’s possible but unlikely for cyclists to ride under the influence. But drivers commit DWIs all the time and are absolutely at fault if they cause an accident with more than the legal limit of alcohol in their system. Disobeying traffic laws — It’s very important that drivers follow all traffic laws, including following the speed limit, obeying stop signs and signals, drifting out of the lane, etc. If disobeying a traffic law results in a bike accident, the driver is partially or entirely at fault. Driving in the bicycle lane — Bicycle lanes are reserved for cyclists and are not meant for drivers to use. Causing an accident after driving in the bike lane will put the driver at fault. Using unsafe equipment — It’s every driver’s responsibility to ensure that their vehicle is properly operating. Malfunctioning brakes and broken headlights are examples of hazardous driving equipment that might cause an accident. Remember, the driver can be partially or entirely responsible for the accident if one or more of these laws are violated. So, as you can see, fault in accidents is based on the law, not on injuries. Even if you’re severely injured, you’re at fault if you’re the one who broke the law. This could be partial or entire fault, depending on whether the driver also broke the law. If you’ve been in a bike accident and aren’t sure who’s at fault, your best bet is to contact a lawyer, as they know the law inside and out. Flickinger Boulton Gooch & Robson can help. Were you in a bike accident? It can be tricky to determine who was at fault, which is why you want a personal injury lawyer on your side. Flickinger Boulton Gooch & Robson can help. We have over 150 years of experience in personal injury cases and offer free consultations where we review your case and determine how we can best help you. Call us at 801.500.4000, or fill out the form on our website if phone calls aren’t your thing. Either way, Flickinger Boulton Gooch & Robson is here for you in your time of need. Get started today.