Property damage liability is a common legal issue that arises when someone’s careless actions cause harm to another person’s belongings. This is not about intentional destruction, but rather about negligence—the failure to act with reasonable c...
Read MoreLiability most often stems from a failure to meet basic safety standards. Key failures include lack of proper perimeter fencing with self-closing gates, insufficient depth markings, broken or missing drain covers, slippery decks, poor lighting, and inadequate supervision. For residential pools, not securing access to prevent unsupervised child entry is a major factor. In public or commercial settings, not having trained lifeguards on duty when required is a frequent cause of liability claims.
Comparative fault means your compensation can be reduced if you are found partly responsible for your own accident. For example, if you were distracted by your phone in a well-lit area with a visible warning sign, a court might assign you a percentage of fault. If you are deemed 30% at fault, your total compensation would be reduced by 30%. In some states, being more than 50% at fault can bar any recovery.
Look for obvious injuries like bleeding, bruising, swelling, or difficulty moving. However, also note complaints of pain, dizziness, nausea, or numbness, even if no visible injury exists. Verbally ask about their condition and listen carefully to their response. Document their own words describing their pain (e.g., “sharp pain in lower back”). This contemporaneous account is powerful evidence later if their claimed injuries are disputed. Never dismiss someone who says they are “just shaken up.“
Politely but firmly insist on filing one, especially for incidents involving injury, significant property damage, or disputed facts. A simple “exchange of information” is not sufficient for liability claims. If they refuse, ask for the “incident number” or the name and badge number of the officer you spoke with. Document this refusal. Follow up by going to the police station in person to file a report, as a formal record is crucial for dealing with insurance companies.
