Who Is Held Liable In A Building Fire?

In some cases regarding building fires, particular cases of arson, determining liability depends solely on finding the culprit who intentionally started the fire. However, many building fires aren’t necessarily the result of malice or even any agenda whatsoever. So, determining liability can generally be a bit trickier than simply finding someone who committed a crime.

Typically, building fires can start in a number of ways, many of which are very easy to come about as accidents or lapses in judgment. Some examples include unattended ovens or candles, improperly installed electrical equipment or wiring, faulty fire management equipment such as sprinklers or fire alarms, or even weather-related events such as lightning strikes. Any of these events could have a profound impact on who might be held liable in the event that a fire breaks out as a result.

Often is the case when someone might be in the process of cooking a meal using the oven and then ends up having to leave for a brief while to tend to something else. Or a candle could be lit anywhere in the vicinity when someone takes leave of it, be it to go elsewhere in the house, become preoccupied with another activity such as a bath or falling asleep, or sometimes even leaving the residence altogether for whatever reason. While it might be just as easy to turn the oven off or blow the candle out and take safeguards against the possibility of a random occurrence, there are some who err with the intention of only being away a brief moment. That moment turns to several minutes (sometimes even longer) and, without even realizing it, the risk of a fire becomes unfortunately great. And while it may not have been your intention at all to start a house fire, the sad reality is that you would be held liable for such negligence. As home owners or renters, there are some obvious responsibilities and precautions we need to take to avoid such disasters. Keeping your fire safety devices up to date is a good one, but better yet is simply never leaving such a risk up to chance. While you may be away for just a couple of minutes, a couple of minutes may be all it takes for something to happen. It is not time to check the calendar

In the case of electrical failures, unless you were the one to install the wiring yourself, such events would likely fall to the ones responsible for the installation and its subsequent failure. Depending on the circumstances that led to the failure, one of the several different possibilities exist for who might be the defendant in this case:

  • The company that supplies power to the building
  • The individual or company that installed the wiring
  • The landlord or owner themselves
  • The tenant who occupies the space in which the fire originated
  • The entity who failed to inspect the building properly or take steps to assure fire hazards were accounted for
  • The manufacturer of the faulty machinery

As well as many others, depending on the root cause of the fire. However, in the case of a natural disaster that might start a fire (a lightning strike, for example), it is difficult to hold anyone accountable – as you might imagine – for a natural disaster. Most of the time, fire damage as the result of a lightning strike, in particular, is covered by home owner’s insurance (or by renter’s insurance if that is applicable in your case).

Regardless of what you might surmise to be the root cause of a fire outbreak in your home, it is almost always in your best interest to consult the expertise of someone specialized in fire litigation in order to get the best results possible for your situation.

Who Is Held Liable In An SUV Rollover Accident?

Automobile accidents, in general, can be quite a terrifying and tragic event, regardless of the circumstances leading up to them. However, in many cases, vehicles tend to remain upright due to low centers of gravity for many sedans, which tends to play a factor in fatality statistics. This unfortunate truth also yields the very real situation of rollover accidents that are quite prominent throughout the United States, particularly in designs such as SUVs and vans that have a higher center of gravity and are therefore more prone to rollover. Despite higher safety standards in many SUV models, rollover accidents are still a leading cause of automobile accident fatalities in the country. Over 280,000 cases of rollover accidents are reported each year, resulting in about 10,000 fatalities – a statistic that accounts for almost one-third of all passenger deaths from vehicular accidents.

So, who is to blame in the case of a rollover accident? Who is held liable in the event that any vehicle suffers a rollover accident, let alone an SUV? There are a number of factors that can go toward determining this:

  • Road conditions leading up to the accident
  • How uneven the terrain might be
  • Manual errors on part of the driver, such as overcorrecting or excessive cornering
  • The possibility of carrying too much weight on part of the driver and passengers within the vehicle
  • Manufacturing defects within the vehicle itself

Due not only to their higher center of gravity but also to a statistically more narrow wheel base, SUV’s are particularly susceptible to a rollover accident, especially under conditions that involve quick handling or sudden changes to the driving conditions or operation in general. However, despite the accountability of human error that is taken into consideration, many SUV’s are found to suffer rollover accidents as a result of vehicle design and manufacturing flaws. With a full investigation of the vehicle’s ability to perform, many attorneys can more easily determine liability and whether the fault lies with the driver or with the manufacturer of the vehicle. However, statistics suggest that due to modern manufacturing procedures leading to higher safety ratings and the fact that many rollover accidents tend to involve only one vehicle (the vehicle that ends up rolling over), it is more often the case nowadays that fault lies with the operator of the vehicle. With distractions as great as ever (texting while operating a vehicle, operating equipment within the vehicle while it is in motion, etc.), the liability of a single-car accident is most likely to fall into the lap of the driver despite any sort of vehicular design on part of the manufacturer.

In order to prove liability on part of the manufacturer, several things need to be taken into account. The SUV must show to have some sort of unreasonable defect in its design that caused the accident or another injury to the driver and/or any passengers within the vehicle. Next, it must be proven that the vehicle was being operated as intended and within normal parameters expected of a safe driver. Finally, it must be shown that the vehicle had not been dramatically altered in any way prior to the accident that might have had a hand in contributing toward the accident itself.

Obviously, in the event of any sort of vehicular accident, consulting a lawyer after any injuries have been attended by a medical professional is an adequate method of determining liability and gives you as the injured party the greatest chance at compensation.

Who Is Responsible For My Injury At An Amusement Park?

Sometimes the worst happens when we least expect it. One example of such a situation is when we’re injured on a visit to an amusement park or another facility that caters toward the entertainment of guests. If you pay to visit one of these facilities, who is responsible for your safety? Are your rights waived when money passes hands, or does the amusement park remain liable for any injury that results from the rides on its grounds? There are a few things that might determine the outcome of a lawsuit against an amusement park or similar facility.

First, you should know that although the amusement park has a basic responsibility to provide safe conditions for you and other guests, there is an assumption that you are either a responsible adult or a child accompanied by a responsible adult. That’s one reason why many amusement park rides require you to have an adult if you’re too young. The amusement park itself must provide the safest conditions possible to optimize this scenario. If you’re hurt at an amusement park, and that injury is the result of your own irresponsible actions, then it will be difficult or impossible to prove negligence on the part of the amusement park operators.

Accidents may happen for a number of other reasons, including a mechanical failure in the equipment or the improper operation by the person in control of the ride. Thousands of people are injured at amusement parks annually. Dozens have been killed over the past few decades. Because these injuries occur with some frequency, the safety of many rides is regulated by the U.S. government.

If the amusement park operators or third-party manufacturers are responsible for causing your injury, then you may file a personal injury claim and you should certainly retain the services of an attorney in order to discuss your legal options. Be sure you create records of any costs incurred, and take pictures of the injuries throughout your recovery.

What type of accident occurred? Sometimes, you might be involved in an accident that was caused when the park failed to notify you of a particular danger. In other circumstances, an employee may not have been properly trained to operate the equipment used during your accident. The staff may not have properly maintained a piece of equipment, allowing it to become defective and malfunction. In any case, you must prove negligence to recoup any damages.

In order to do this, you must find an experienced personal injury lawyer to investigate the claim like this law firm here. There are a number of laws involved, and this is not something you can hope to do alone.

Can I Sue For Wrongful Death If My Child Drowns In A Neighbor’s Pool?

The death of a child is a nightmare for anyone, especially if that child is your own. The stress inherent in that nightmare is understandably magnified if the death of the child is both someone else’s kid–and your fault. If your child drowns in someone else’s pool under any circumstances, then that means someone was likely negligent and liable for anything that happens on that property. A homeowner is responsible for ensuring the safety and security of their own pool, and so yes: you can sue for wrongful death if your child drowns in a neighbor’s pool. But is it as simple as that?

First of all, if you own a pool then be sure to keep it safe. Drowning ranks high on the list of causes for unintentional death, and you don’t want to contribute to such a sad and unreasonable statistic.

One of the factors that can either mitigate or complicate such a legal issue is the obvious circumstance of probable trespassing. Because the person in question is a child, however, this is less likely to complicate a lawsuit. Even so, if you intend to sue for wrongful death, then be prepared for counter-litigation depending on the circumstances. Your legal representation can help get you up to speed on any local or state laws that might apply in your situation, and prepare you for different outcomes, however likely they are to arise.

If someone did drown while trespassing, liability generally falls on the trespassing party unless the property owner knows that people frequently come onto the property. If this happens routinely, and a neighbor is aware that his or her pool is being used during these unauthorized visits, and they still don’t keep the grounds safe, then they may still be held liable.

If your child is a guest at a neighbor’s pool, it’s a very different story.

If there is an obvious danger, the neighbor is responsible for making any guest aware of it. Failure to do so can result in a claim of negligence. The neighbor is also responsible for repairing or fixing the conditions which make it unsafe. If your neighbor owns an above ground pool, and doesn’t put the ladder up, then your child may have climbed the ladder and stumbled in the pool. This is an example of negligence that you can use in court. In many cases, there is no requirement to prove negligence because the state laws override it.

No matter what, it’s important to know what your child is up to and where. If your child drowns in a neighbor’s pool, then you should retain the services of an experienced personal injury attorney to decide whether or not you have a wrongful death claim that can be filed.

Can You Sue for Personal Injury from a Sporting Event

In this country, many people attend a wide variety of sporting events every year: baseball games, football games in Pennsylvania, hockey games, stock car races, the list goes on. And in many of these sports, there is an assumed risk of injury for those participating within it. Football players are going to get hit; it’s the nature of the sport. Baseball players may suffer “bean balls” while they are at bat. Race car drivers could suffer in multiple-car accidents on the track. However, many spectators almost never consider the risk of injury upon themselves as watchers in the stands. Even despite all the home runs or foul balls that find their way into bleachers on a daily basis during baseball season or the occasional wreck in a race where debris makes its way into the stands. As spectators, we need to account for the possibility of our own bodily harm and take precautions to protect ourselves as much as possible to mitigate the risk of injury. However, sometimes, despite all of our efforts, the worst can still happen. In cases like this, it is important to understand your rights for personal injury claims during sporting events.

One of the important things to consider, as mentioned earlier, is the assumed risk you take on as a spectator. How possible is it, regardless of the likelihood, that you could suffer injuries due to actions taken on the field, on the court, on the track, wherever the sport may be taking place. Consider ice hockey. While it may be exciting to sit in the front row right in front of the glass to see all the action up close, it is not historically unheard of that hockey players can create hits so forceful that the protective glass actually breaks. This obviously puts you at risk for an injury if you are sitting very close to it. Sitting in bleacher areas where there is no vertical netting is obviously going to expose you to the danger of wild foul balls than if you were to sit behind the netting. In many situations, these sporting events are known to protect themselves through waiver agreements during the purchase of the ticket (though the wording regarding these waivers can sometimes be exploited).

In some cases, the attempt at seeking settlement for injuries suffered in a sporting event can be hampered by your own behavior during said event. This is called contributory negligence and often comes in the form of behaviors such as the consumption of alcohol or aggressive behavior that may expose you to injury. Putting yourself in such situations will severely affect your ability to collect for recovery of injuries suffered in these cases. Many states have adopted what is called comparative negligence, which will reduce but not necessarily altogether eliminate the ability to collect recover damages, although some states have implemented a “modified” comparative negligence which states that if negligence can be proven in equal doses on part of the spectator and the sporting event party, the spectator will not be compensated for damages suffered in the case.

In all cases, however, where you have suffered injuries at a sporting event – whether it be due to unfortunate circumstances surrounding the event itself or even possibly due to contributory negligence, it is always a good idea to consult a personal injury attorney to explore your options.

Can You Sue for Personal Injury from Domestic Violence

Domestic violence is a terrible thing, no matter how you try to look at it. Such an act generally ever only garners attention for its criminal implications (and rightfully so), though people don’t as often consider the civil infractions involved in criminal cases such as domestic violence. While there is justice to be had for setting right to the crimes committed by others in such circumstances, many of these cases still leave a lot of pieces to be picked up by the victims involved. There are certainly protections afforded such as restraining orders, but these do little to commit to the epilogue of the issue: the recovery of the victim, often physical and, as a result, financial as well. If you have been involved in such circumstances, you may wish to seek out a personal injury suit for domestic violence.

This is not to say that seeing to civil lawsuits should be the first priority of any victim of domestic violence (or any violent crime in general). The first responsibility is to contact the police – or, if you are not so comfortable with that, an alternative agency who can get you the help that you need. Once protections are put in place to dispel the threat of violence on your person or those that could become immediately involved, then you can start investigating into action for compensation in a civil court.

Now that you are better able to consider options for civil lawsuit, there are generally three sorts of claims to consider: assault, battery, and intentional infliction of emotional distress. Assault and intentional infliction of emotional distress do not necessarily have to involve physical contact, and thus can limit the damages sought in a civil claim, though many awards can take cumulative impact into consideration. And since many cases of domestic abuse span for months or even years, the potential for compensation of damages can still be considerable due to the overall impact of emotional pain, especially with the assistance of an expert witness (often a professional such as a psychologist or marital counselor). If physical pain is apparent, the sort of entitlement tends to increase drastically in cases involving battery.

In many cases involving civil lawsuits, the awards for damages may very likely require divorce proceedings to be held. As physical and financial assets tend to be treated as jointly owned in marriage, it is difficult to award damages from one spouse to another. This is not to say that divorce is required before consideration will be given in a civil suit; in fact, juries may even pass verdicts in a civil suit while divorce proceedings are still being held. This makes the transition of awards easier, as it will often allow the abused spouse to collect damages for the civil suit as well as settlement from the divorce proceedings as well.

Some cases even allow the victim of domestic abuse to sue public officials if they knowingly fail to provide protection to a victim – often in the form of making an arrest on the suspected abuser. It is best to consult a lawyer in these circumstances, as the laws of each state may vary, but an example may be that the plaintiff could file a lawsuit if a police officer fails to make an arrest after the abuser committed a felony assault, the victim has sustained an injury, or the abuser gave cause for the victim to fear bodily injury or death. Again, it is stressed to consult an attorney on these matters. But, in regard to domestic abuse as a whole, it is always important to seek proper protection before pursuing civil claims.

Oregon Bride Left Injured In Carriage Accident

It was four years ago when Jaclyn Stevenson was injured in a carriage accident. It was being pulled by horses, who were startled and ended up bolting from the carriage. This yanked the carriage out of control and made it crash as it spiraled away.

During this sequence, Jaclyn Stevenson was ejected from the carriage and left hurt on the side of the road. She also noted significant damages to her wedding dress. All of this took place a few minutes after the wedding vows had been exchanged by the couple.

At the time, they decided it was best to file charges against the company responsible for this carriage. However, due to legal issues and not being able to get in a settlement filing, the couple was left with nothing and still had to deal with the damages that came as a result. Now, they are looking to get back at the lawyer who was representing them in the court of law. They state it was mispractice on his end that resulted in the case falling apart and not leading to a proper settlement between both parties.

Donald E. Johnson

This was the lawyer who was representing the Stevenson family at the time of their filing. The state’s regulations are clear about when a filing can be put forward on behalf of the injured party. It has to be within two years from the moment they are injured. At the time they went to Donald E. Johnson, 14 months had passed since the accident.

This meant they had an additional ten months to get the filing in before the deadline would pass.

He was not able to get it filed on time, and this meant they were out of luck in the court of law.

She claims multiple calls were made to Donald E. Johnson’s office and he was not willing to return calls. She was aware of the date and wanted to make sure the documents were pushed through on time. However, his law firm never made an effort and this meant the case fell through before it was fought in the court.

Damages

What is the couple seeking from the new lawsuit?

They are looking for $1,800 as reimbursement for general expenses (counseling), $2,000 for the poor wedding photos due to her injury/ruined dress, and $1,500 for the wedding dress itself. They are also seeking an additional $150 for the carriage expenses. One thing is for sure, this would never happen in San Antonio, TX.

Are Door Injuries Personal Injury?

Doors are virtually everywhere these days, in shopping malls, homes, office buildings, supermarkets, hotels and anywhere else you could think of. In most cases, doors work flawlessly without wreaking any havoc but when they are defective or do malfunction, they could inflict serious harm on an individual. If you or someone close to you is a victim of a door injury, it is advisable that they contact a lawyer because such an injury could be categorized as a personal injury. Some doors, whether sliding or revolving can be extremely heavy and if the strike someone, serious and long-term injuries could be inflicted. Some of the possible causes of door injuries include improper installation, poor maintenance, faulty or missing components and failure to inspect on a regular basis.

Business owners are obliged to ensure that their premises are safe for their clients, an obligation that extends to making sure that the doors are functioning properly and in good condition. Moreover, it is the responsibility of the business owner to maintain and inspect the doors as frequently as possible.

Individuals who have been injured by a door can easily recover compensation for the injuries inflicted if they successfully present their case in court. Normally, the plaintiff will receive compensation for the medical expenses, rehabilitation costs, lost income, property damage, therapy costs and any other kind of loss arising from the door accident. And if you lose a loved one from a door accident, you are obviously entitled to wrongful death compensation including the burial costs and funeral expenses. Wrongful death claims are very complicated and as such should be made through a lawyer.

In different states, there is a specific time period within which one should file their personal injury claim, from a week to almost four years. Failure to adhere to the set time limit could mean losing the right to any form of compensation.

Instances of victims receiving compensation for door injuries are not new. In the year 2012, Amy Skinger was struck on the head by a piece of metal as she was walking into a Wells Fargo retail office. This resulted in the victim suffering from degenerative disease in the neck and multiple sclerosis. On filling a law suit, Amy Skinger was awarded $4.5 million for the disability, emotional distress, medical bills and the pain and suffering the accident had caused on her. This is evidence enough that a door injury can be classified as a personal injury and that a victim is liable for compensation.