Premises Liability

Topics

Premises Liability, The Main Types of Liability Claims

Understanding Premises Liability: When Unsafe Property Causes Harm

Premises liability is the legal concept that holds property owners and occupiers responsible for injuries that occur on their land or buildings due to unsafe conditions. It is not a blanket guarantee of safety, but a requirement to act with reasonabl...

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FAQ

Frequently Asked Questions

Fault is determined by investigating who acted carelessly and broke traffic laws, causing the crash. Police reports, witness statements, photos, traffic camera footage, and physical evidence like skid marks are all reviewed. States use different systems: “comparative negligence” reduces your compensation by your percentage of fault, while “contributory negligence” can bar recovery if you’re even 1% at fault. Insurance adjusters make initial fault decisions, but these can be disputed. Ultimately, if a settlement isn’t reached, a judge or jury makes the final determination based on the evidence presented.

Standard personal auto policies typically exclude coverage when you are logged into a ride-share app and are available for or transporting a passenger for pay. During this “period of livery,“ you rely on the ride-share company’s commercial policy, which often has significant coverage gaps. Many insurers now offer a specific “ride-share endorsement” or hybrid policy to cover these gaps. Never assume your personal policy covers commercial activities; notify your agent if you drive for a ride-share service to ensure you have proper protection.

The consequences are almost always financial or injunctive, not punitive in a criminal sense. The losing party (defendant) is typically ordered to pay money (damages) to the winning party (plaintiff) to compensate for losses like medical bills, lost income, or property damage. Sometimes, the court may order the defendant to do or stop doing a specific action. There is no threat of imprisonment, probation, or a criminal record from a standard civil liability judgment.

Your immediate priority is medical care. Seek treatment to address the wound and prevent infection, and get documentation of your injuries. Identify the dog and its owner, getting their contact and insurance information. Report the bite to local animal control; this creates an official record. Take photos of your injuries, the location, and the dog if safe. Collect contact information from any witnesses. Do not discuss fault or settlement with the owner’s insurance company before consulting with an attorney.