Property Owner Responsibility and Premises Liability

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premisesliability

Property owner responsibility and premises liability generally require property owners to keep their land and buildings safe, well-maintained and free of hazards. According to personal injuries lawyer Pat Maloney, property owners can be held liable in a number of situations, as long as a few basic requirements are met, because property owners have an inherent responsibility to protect anyone who enters their premises. This is called premises liability, and, in the event someone is hurt or an accident occurs on the property, the owner can be held legally responsible. Premises liability laws vary by state but, for the most part, generally require the property owner to comply with maintenance and safety standards.


The requirements that must be met in order for property owners to be liable include:

  • The property owner must be aware of (or be reasonably expected to be aware of) the dangerous condition or hazard on their property.
  • They must have failed to rectify the dangerous condition or failed to adequately warn visitors of the present hazard.
  • The failure to warn or make the property safe led to or contributed to the victim’s accident or injury.
  • The person injured was a visitor or invited party. They were not illegally trespassing at the time of the injury.


If these basic requirements are met, a property owner can be held legally responsible for an injury or accident that occurs on their premises.


Common situations in which property owners may face legal issues include:

  • Visitors slip and fall because of wet surfaces, poorly maintained floors, uneven sidewalks, and other factors.
  • The property is poorly maintained. Stairs are broken, guardrails are loose, or cracks in the floor lead to on-site injuries.
  • Parts of the property are defective, including electrical elements and more.
  • Security is inadequate, and visitors are hurt as a result.


Were you hurt on another person’s property? You could be due compensation through a premises liability claim. Call a personal injuries lawyer at the Law Offices of Pat Maloney to get started today!

The Ins And Outs Of Filing A Workplace Injury Claim

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When you’ve been hurt on the job, the last thing you should have to worry about is money. You shouldn’t have to deal with the costs of medical treatment, the wages you’re losing, or any other financial pain. You should be able to focus on recovering and healing from your injuries. Thankfully, if your employer carries workers’ compensation insurance, you may be able to do just that. In many cases, the insurance provider will take care of your medical bills, lost wages, and more, so you can recover in peace. Unfortunately, not all employers carry workers’ comp insurance, and even if they do, it doesn’t cover all types of injuries. In this case, if you’re hurt on the job and workers’ comp won’t help, it’s time to take legal action and file a work place injury claim.



What is a Work Place Injury Claim?

A work place injury claim can ensure you’re compensated for all the expenses and costs you’ve had to incur from your accident. It can cover your medical bills, pay your wages while you’re away recovering, and even cover transportation costs to and from your treatments.



All in all, a work place injury claim may compensate you for:

  • Any medical expense you incur, including current costs, prescription expenses, and any treatments you expect in the future, such as rehabilitation, therapy, and more.
  • Lost income and wages you’ve racked up from being unable to work.
  • Income and benefits you will lose in the future if your injury has rendered you unable to do your job.
  • Any property that was damaged during the course of your accident.
  • Punitive damages, if the employer, coworker, or other party involved was extremely reckless or negligent in their behavior.
  • The pain and suffering you and your family have had to endure.
  • Any reduction in your quality of life because of the injury.


There may be other types of damages available, too. To determine the damages your specific case could garner you, it’s best to speak to a qualified legal professional who can evaluate your injury and accident to the fullest.



When You Can File a Work Place Injury Claim

Workers’ compensation is not the answer to every injury that occurs in the workplace. In fact, sometimes it’s not even possible. There are a number of situations in which a work place injury claim is either the only choice, or could garner the victim more compensation. Some of these include:


  • Your employer doesn’t have workers’ compensation insurance.
  • Your employer intentionally caused your accident or was extremely negligent in causing it.
  • Your injuries were the result of exposure to toxic chemicals in the workplace.
  • Your injuries stemmed from a defective product, piece of equipment, or machine.
  • Your accident was caused by a third party, such as another worker, a subcontractor, a property owner, or some other person on the scene.



Getting Started with a Work Place Injury Claim

If you’ve been injured on the job, your first step is to notify your employer. If your employer has workers’ compensation coverage, they will begin the claims process with their insurer and you will have to go through them for compensation. If there are undue delays regarding your claim or you have problems getting the funds you are due, speak to an attorney for guidance.


If your employer informs you they do not have workers’ comp, then get in contact with a lawyer as soon as possible. They’ll be able to advise you on the legal action you should take and help you file your work place injury claim, so you can get the compensation you deserve.



Hurt on the job? Contact the Law Offices of Pat Maloney today for help.

Proceeding After Commercial Truck Accidents

Proceeding After Commercial Truck Accidents

Proceeding after commercial truck accidents is more complicated than traditional car accidents. Not only do you have to deal with the other driver and their insurance provider, but there are also trucking companies, truck manufacturers, and, sometimes, even lawyers involved. It can be overwhelming to say the least.

 

Were you involved in a commercial truck accident? Let us help. Just follow this guide below, and you’ll be on your way to getting the money you deserve for your wreck:

 

  1. 1. Call the police. With any accident, especially those involving commercial trucks, you always want to have a police report filed. This ensures there’s a third-party account of the wreck, which can help provide support for your side of the story later on down the line.
  2. 2. Gather evidence. Once the cars are cleared away, much of the evidence of your wreck will be destroyed. If you’re able, always take a minute to make notes of your surroundings, snap a few photos, or get eyewitness contact info at the scene of the accident. If you’re too injured to do so, ask a passenger or family member to take the reins.
  3. 3. Don’t speak to their insurance representatives. Never speak to the other driver’s (or the trucking company’s) insurance provider or give a recorded statement without first speaking to a lawyer. You may accidentally say something that could implicate fault. If this happens, it may make seeking compensation for your injuries difficult or even impossible.
  4. 4. Call an attorney. You should never try to handle the situations concerning commercial truck accidents on your own. A lawyer is a necessity if you want to get the money you deserve. They can help pinpoint the appropriate at-fault party (the driver, the trucking company, the manufacturer, or a number of others), and they can help gather evidence on your behalf. They can also help prepare you for recorded statements. Additionally, most trucking companies have their own lawyers on hand, so if you want an even playing ground, having a lawyer on your side is crucial.

 

If you or your loved ones were involved in commercial truck accidents, contact the Law Offices of Pat Maloney today. We’ll help ensure the at-fault party pays for the damage they’ve done.

 

Employer Responsibility: When is Your Company Liable?

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Employer Responsibility: When is Your Company Liable?
Employer Responsibility: When is your company liable?

If you’re hurt on the job, knowing who’s to blame is crucial. When you know who holds liability for your accident, you can then take action and ensure you’re properly compensated for your injuries. If there’s employer responsibility, and your organization is to blame for your pain, you may be able to file for workers’ compensation while you recover. If they’re not to blame, or they don’t have adequate insurance, you could have to seek recompense through the legal system.

 

However, when exactly is there employer responsibility in a workplace accident? And when do you need to look elsewhere for the compensation you’re due? Check out our guide to below.
When is There Employer Responsibility?

If you’re hurt on the job, there is inherent employer responsibility when it comes to your injuries. Your employer is fully responsible for providing you a safe and hazard-free work environment, and when their failure to do so results in injury, they can be held liable. This rule applies in the majority of workplace injuries, save for a few exceptions.

 

These exceptions include:

  • If your accident or injury was caused by a third party. This could include a co-worker, a contractor, a property owner, a building manager, and more. In this case, your legal claim would need to be filed against the third party, not your employer, even though you were on the job at the time of your injury.
  • If you were hurt by a defective product.
  • If a tool, piece of equipment, or machine with a defective part or faulty design was the source of your injury, you will not be able to file suit against your employer. You would instead need to take legal action against the manufacturer of the product in question.
  • If your injury stemmed from a toxic substance. If you were hurt on the job because of exposure to a harmful or toxic chemical or substance, there is no employer responsibility for your injuries. You would need to file a legal claim against the manufacturer of the substance or chemical, not your employer.

 

If any of these exceptions apply to your injuries, you would not be able to seek compensation from your employer’s workers’ comp coverage or through a legal claim against them.
When Employer Responsibility is Evident

When you’re hurt on the job and no third parties, toxic substances, or defective products are involved, the employer responsibility is evident. In order to seek the compensation you are due, you’ll need to take one of two routes: either go through workers’ compensation or file a legal claim against your employer.

 

If your employer does not have workers’ compensation coverage, you’ll need to contact an attorney and consider filing a legal claim against them. If they do have coverage, you may not take legal action against them. You can only seek recompense through their insurance policy. To do this, you will need to notify your employer of your injuries as soon as possible. In fact, in Texas, in order to be eligible for the benefits of workers’ comp, you must report your injuries to your employer within 30 days of them happening. If you fail to do this, you will be unable to seek compensation through workers’ comp.

 

Once you’ve notified your employer, you will need to file the appropriate forms with the Texas Division of Workers’ Compensation and work with your employer to file your claim. You will likely need to use employer-approved physicians for any treatment you require if you want to seek repayment for your medical bills.
Is There Employer Responsibility in Your Case?

Oftentimes, liability can be murky when it comes to injuries on the job. If you’re unsure who’s to blame for your workplace accident, consult a qualified attorney before taking any action. They’ll be able to evaluate your case, determine employer responsibility (or lack thereof), and help you take the appropriate legal action. Contact the Law Offices of Pat Maloney for help with your workplace injury case today!