Thursday, March 15, 2012

Evicting a Tenant with No Lease

Evicting a Tenant with No Lease

Sometimes we tend to, in good faith, let out our unused homes to people who seem to need them. And it is possible to imagine your discontent given that despite doing them a favor in good faith, they choose to betray your trust, so much so that the only way out of this is by evicting the tenant. But suppose there was no lease agreement between the two of you at the time of joining, is evicting a tenant with no lease going to be a terribly difficult job? Well, you can read on to know if it is!

Process of Evicting a Tenant with no Lease

So, the process of evicting a tenant is not all that hard, even if you didn't have the lease papers prepared. Evicting a tenant involves two major steps. The first step is where you in your capacity as the owner, serve the notice to the tenant to leave within the 30 - 45 day notice period as may be decided by the state laws. You serve the notice of eviction asking the tenant to leave, for the reasons mentioned in the letter and ask him to use the notice period to ensure that the tenant can find a new place for himself and transport his necessaries there. Read on for .

Local tenancy laws differ from state to state. You would want to look at the ones that you fall under to make a fast and legitimate claim over the eviction.

Usually tenants do not really disobey court orders and when told to leave, they do so with little fuss. But there are others who don't and for whatever reasons, from the point of view of the landlord or the lease giver, are a hard nut to crack. And they too may take advantage of the fact that there is no lease agreement between the two parties and hence may choose to ignore the eviction notice.

In such a case, there is little that the land owner can do apart from going to the court and seeking their help in evicting a tenant. The process involves simply furnishing documents which prove to the court that the land being occupied is legally yours, and that you have served the eviction notice and waited for the stated time but to no avail. And then the court will ensure that your tenant is evicted without too much hassle and the land is back under your control.

Reasons for Evicting a Tenant

You can't really expect to make a successful case by putting 'I don't like this tenant' under the reasons for eviction. So, here are some of the common, accepted reasons for evicting a tenant with no lease. Non-Payment of Rent: Non payment of rent is one of the most common causes of evicting a tenant. The main interest of the lease giver of the land is to ensure that all he receives the money owed to him by the lease giver on account of the fact that it is his land! So, if the tenant is not making timely payments for rent, it is reason enough to evict him. Expiry of Lease: The landowner makes a time bound lease with a thought in mind that he will be able to use the land at the expiry of the lease. Imagine the chagrin of the landowner in this case where the lease expires and yet the tenant refuses to leave. So, at the expiry of the lease period, if the tenant refuses to leave, the landowner may cite this as a reason to evict him. Lease Contract Violations: Other reasons for evicting a tenant include violation of any of the terms of the lease agreement by the tenant, misuse of the land or engaging in criminal activity on the land, etc. If there is a term on the contract saying that any particular activity cannot be engaged by the tenant while using the land and the tenant flouts them, then the landowner can again appeal to the court in this case. Bringing credible proof of the tenant's illegal actions shouldn't be too hard and should be enough to win the case. As a landowner looking to lease it out, there are certain things you have to be specific with while . So, this was all about evicting a tenant without lease. Evicting a tenant can often become a pretty lengthy case with claims and counter claims flying around at each other for years. Hence you ought to invest in a competent real estate attorney who can get the job done faster and cleaner.

Dealing With the Insurance Company and Personal Injury Law

Dealing With the Insurance Company and Personal Injury Law

The way the court systems work in America, one rule of thumb to remember is to say as little as possible. Remember on the cop shows where the police advise the arrested that they have the right to remain silent? Well civil law is like criminal law in that any statement you make can go into the permanent record to be used against you. So the first rule of talking to insurance companies and the like after an accident is to be polite but say as little as possible. You want to wait until after things have calmed down after the accident and you have a plan of action before you talk to the insurance adjuster. A Denver accident attorney can help you find out who to talk to and what to say.

As documentation is so important, before you talk to anyone make sure you write down their name, company and address first. Always remain calm and polite on the phone or in person. Once things go to court, making a scene will not help your cause. Everything in court is decided by evidence, precedent and logic, not emotion. Insurance adjusters deal with angry clients all the time, so you getting angry is not going to get you anywhere. You may even try to be nice, but remember, the adjuster works for the company, and his job is to pay you as little as possible.

They might even be sneaky and try and get you to talk about the accident. You do not want to make any statements or even talk about the accident until you are ready and have consulted with a Denver accident attorney. If you are filing a claim under your own insurance, then there may be a clause where you are required to disclose information. For another person's insurance however, there is no such need. The adjuster may try and get you to give a statement, but at this time all you need to inform them of is your name, address and telephone number. Afterwards you will be filing a demand letter that goes into the facts of the injury or accident in detail.

You do not have to give details about witnesses, injuries or other parties that are involved at the first meeting with the insurance company. You will want all that information to be documented beforehand. If you state one number for medical bills for example, and you need a new treatment that increases the price afterwards, the insurance company may try to use the original number. So collect all the information as if you were going to court and enlist the help of a Denver accident lawyer to help you write your demand letter.

Never sign anything sent to you by the insurance company without first consulting with your personal injury lawyer, and resist claims to settle in the first couple conversations. If the company is offering to settle early, it probably means that they are just trying to save work and get you satisfied before you discover the full extent of damages.

The Weird World of H. H. Holmes (Part 1)

The Weird World of H. H. Holmes (Part 1)

In the late 1800s the neighborhood of Englewood (now part of Chicago) was a quiet, independent community located on the outskirts of the Windy City as Chicago is known. Among this community there was a "Mrs. Dr, Holden" as newspapers referred to her, who ran a drugstore at 63rd and Wallace. She had an awful lot of business to deal with in a fast, growing suburb and was happy to find an assistant by the name of Dr. Henry H. Holmes.

In 1887 a druggist was a chemist who knew all about elixirs and potions. The new assistant was just what the owner needed. He was handsome with blue eyes. He knew his trade well and was able to fill any prescription. His politeness and wonderful manners brought many of the ladies in the neighborhood to just this drugstore. Soon Holmes started taking over and seemed to have become the manager of the drugstore. He spent more of his time working with the ledgers and chatting with the ladies than filling prescriptions. In the neighborhood he was a well-known figure walking along 63rd Street with a stick in his hand. The drug store continues to make profit and Mrs. Dr. Holden was content. As time went on, Holmes was the more prominent figure in the business until one day he announced that he had purchased the store from the widow, who had moved out west. Needless to say the lady had simply vanished leaving no forwarding address.

Two years later, Holmes purchased a large lot across the street from the drug store on which he proposed to construct a hotel that he could operate during the coming Columbian Exposition in 1893. He informed no one of what he planned on calling the said hotel but for generations to come it would simply be known by one name - "The Murder Castle".

Holmes real name was Herman W. Mudgett who was born in 1860 in Gilmanton, New Hampshire. His father had been the local postmaster for almost 25 years and was a wealthy and respected citizen. Early on in life, Mudgett dropped his given name and became H.H. Holmes. This was also the name under which he attended medical school. Throughout the years of growing up he was in constant trouble and would be cruel to animals and smaller children. In 1878 Holmes married Clara Lovering who was the daughter of a farmer in Loudon, New Hampshire. It was the year he began studying medicine in Burlington, Vermont and later in 1879 he transferred to the medical school at the University of Michigan in Ann Arbor. At this school he devised a method of stealing cadavers from the laboratory. Holmes would disfigure the corpses and put them in places that made it seem as though they had been killed in accidents. To make it convenient for himself he had taken out insurance policies on these "family members" so that he could collect the money as soon as the bodies were discovered. A few months after he completed his biggest swindle, insuring a corpse for $12,500 and carrying out the plan with an accomplice who later became a prominent doctor in New York, he left Ann Arbor. He abandoned his wife and infant son. Clara then returned to New Hampshire and never saw her husband again.

In 1885 Holmes posing as an inventor opened an office in the North Shore suburb of Wilmette of Chicago. At this time he filed for a divorce from Clara but the case went on till 1891. Despite this fact in 1887 he married Myrta Z. Belknap in Minneapolis, Minnesota while he was still wed to Clara Lovering making him a bigamist. With Myrta he had a daughter named Lucy Theodate Holmes who was born on July 4, 1889 in Englewood, Illinois. The family lived in the suburb of Wilmette. The marriage was an odd one. Myrtle continued living in Wilmette while Holmes began living in Chicago. Myrtle's father John Belknap later discovered that Holmes had tried to cheat him out of property by forging his name on deeds. Belknap also declared that when he confronted Holmes of this matter Holmes tried to poison him. Myrtle ended the marriage in 1889. There are those who say that the house in Wilmette where Myrtle lived is haunted today.

Not long after he had married Myrtle, Holmes opened an office in downtown Chicago, with the A.B.C. Copier, a machine for copying documents. He worked form an office on South Dearborn but the copier proved to be a failure and Holmes vanished again leaving behind creditors with $9,000 of worthless notes. It was a few months after this that he began working at the drugstore in Englewood on the corner of 63rd and Wallace Street. It was in 1889 that Holmes having pulled off an insurance scheme returned to Chicago from Indiana and purchased the empty lot across from the drugstore. Work on the hotel began in 1890.

Holmes continued to run the drugstore adding a jewelry counter and hiring Ned Connor of Davenport, Iowa as a watchmaker and jeweler. Ned Connor, his wife Julia and daughter Pearl moved into a small apartment above the drugstore. Julia gained Holmes interest and he fired his bookkeeper and hired Julia in the man's place. It was not long after this that Connor began suspecting that Holmes was carrying on with his wife. Connor abandoned his family and went to work in another shop downtown. Afterwards Holmes took out large insurance policies on Julia and her daughter naming himself as beneficiary. Years later it was suspected that Julia had become a willing participant in a lot of Holmes' schemes. In August of 1890 he incorporated the jewelry business and named Julia and her friend Kate Durkee, as directors.

Meanwhile construction was going on across the street. The building was to have three stories and a basement, with false battlements and wooden bay windows that were covered with sheet iron. There were over 60 rooms and 51 doors cut oddly into various walls. Holmes was acting as his own architect and construction supervisor. As far as the police were to discover later it appeared as if Holmes hadn't paid a cent for any of the construction material used on the building. The building was also fitted with trap doors, hidden staircases, secret passages, rooms without windows, chutes that went down to the basement and a staircase that opened out over a steep drop to the alley behind the building.

The first floor contained stores and shops, while the upper floors could be used for living quarters. Holmes had an office on the second floor with the other rooms to be used for guests. Later evidence would prove that Holmes used some of the rooms as "asphyxiation chambers" where he suffocated his victims with gas. Other chambers were lined with iron plates and had blowtorch like devices fitted into the walls. In the basement was a dissecting table and Holmes also maintained his own crematory. There was also a vat filled with acid and pits full of quicklime, where bodies could be conveniently disposed of. If a victim tried to escape an alarm would ring in Holmes' quarters.

The so-called castle was completed in 1892 and afterward Holmes announced that he would rent out rooms to tourists who would be arriving for the upcoming Columbian Exposition. It is unknown how many people fell prey to Holmes but after the exposition at least 50 people were reported missing and the police following their trail found that it ended at the castle.

An advertisement for lodging went up during the fair. A large number of female victims were gotten through false classified ads placed in small town newspapers offering jobs to young ladies. The young ladies were informed that they would have a choice of positions and if accepted told that she had to pack up her belongings and withdraw all her money from the bank because she would need to have funds to get started. The applicants were also told to keep the location and the name of his company a secret because he had devious competitors who could try and steal his clients from him. Once the applicant arrived and Holmes was convinced she had told no one of her destination she became his prisoner. Holmes also placed ads for a partner in marriage. He described himself as a wealthy businessman seeking a wife. With those ladies who answered this ad he did the same as with those seeking a job. Unbelievably Holmes was able to keep his murderous affairs a secret for four years. During this time he killed a number of people most of which were women. Later he would confess to 28 murders.

In 1893 Holmes met a young woman named Minnie Williams. He introduced himself as Harry Gordon and said he was a wealthy inventor. He was interested in her because he had found out that she was the heir to a Texas real estate fortune. She worked in Chicago as an instructor at a private school. When Minnie became engaged to Holmes, Julia Connor was not happy about this. Not long afterwards, both Julia and Pearl disappeared. When Ned Connor inquired after his wife and daughter Holmes told him that they had moved to Michigan. When it came to confession time, Holmes said that Julia had died during a botched up abortion that he had performed on her and he had poisoned Pearl.

Minnie Williams lived at the castle for more than a year and knew a lot about Homes' crimes certainly more than anyone else. It was believed that Minnie instigated the murder of Emily Van Tassel. She was a young lady who lived on Robey Street. Emily was only 17 and worked at a candy store located on the first floor of the castle. She vanished one month after Holmes offer of employment. Minnie also knew about the murder of Emmeline Cigrand a beautiful young woman working as a stenographer at the Keely Institute in Dwight, Illinois. One of Holmes' acquaintances Ben Pretzel went to the institute to take a drunkenness cure. He told Holmes about the lovely stenographer. Holmes got in touch with Emmeline and offered her a job working for him in Chicago. She accepted and came to the castle but never left it. Emmeline was homesick after a few weeks and missed her family and the man she was planning to marry Robert E. Phelps. Later Holmes confessed that he locked the girl in one of the soundproof rooms and raped her. He then killed her because Minnie didn't want him lusting after attractive young women. After some time had gone by Robert Phelps came to the castle to inquire about Emmeline and that was the last time he was seen alive. Holmes described a "stretching experiment" with which he killed Phelps. Always being curious about how much punishment a human body could stand Holmes often used the dissecting table on live victims. He invented a rack-like device that would literally stretch a person to the breaking point.

Then in April of 1893 Minnie's property was deeded to a man named Benton T. Lyman better known as Holmes' accomplice Ben Pretzel. Later that year Minnie's brother was killed in a Colorado mining accident which was supposedly arranged by Holmes himself. In June of 1893 Minnie's sister Nannie came to Chicago and stayed at the castle. During this time Holmes seduced Nannie and got her to sign over her share of some property in Fort Worth. A month later she disappeared the explanation being that she had returned to Texas but Holmes said that Minnie had killed her own sister because he had been consorting with him. It was Minnie who hit her sister over the head with a chair and then she and Holmes dropped the body into Lake Michigan.

Holmes and Minnie went to Denver with another young woman named Georgianna Yoke who had come to Chicago from Indiana. The woman had applied for a job at the castle. Holmes informed her that he was Henry Howard and the Minnie was his cousin. On January 17, 1894 Holmes married Georgianna at the Vendome Hotel in Denver with Minnie as witness. Afterwards they all went on to Texas where they claimed Minnie's property and arranged a horse swindle. Holmes bought several railroad cars of horses paying for them with counterfeit banknotes and signing the papers as "O.C. Pratt". The horses were shipped to St. Louis and Holmes made a fortune. However it would be this swindle that would later destroy Homes. When the threesome returned to Chicago, Minnie disappeared. Holmes explained that she had killed her sister in a fit of passion and then had fled to Europe. At this time the police believed him thinking him to be an upstanding citizen. It was only later on that Holmes confessed to killing Minnie. Her body was never found and it was believed that she became one of the victims of the acid vat in the basement.

Holmes was arrested for the first time in July of 1894. This was due to the horse swindle that ended in St. Louis. Georgianna bailed him out. While in jail Holmes started up a conversation with a convicted train robber named Marion Hedgepeth who was serving a 25-year sentence. Holmes had made up a scheme to bilk $20,000 dollars out of an insurance company by taking a policy out on himself and then faking his own death. He promised Hedgepeth a $500 commission in exchange for the name of a lawyer who he could trust. The train robber directed Holmes to Colonel Jeptha Howe. The brother of a public defender and he thought Holmes' plan was brilliant. Holmes then took a cadaver to a seaside resort in Rhode Island and burned it. He disfigured the head and then dumped it on the beach. Afterwards he shaved his beard, altered his appearance and returned to the hotel registering under another name. He then inquired about his friend Holmes. When the body was found it was identifies as H.H. Holmes. However the insurance company suspected fraud and didn't pay out any money. Holmes had to return to Chicago and think up another scheme.

After a month, Holmes held a conference with Ben Pretzel and Jeptha Howe and his new plan was put into action. This time Pretzel went to Philadelphia with his wife Carrie and opened a shop for buying and selling patents under the name of B.F. Perry. Holmes then would take out an insurance policy on his life. The plan included a scheme where Pretzel would drink a potion that would make him unconscious. Then Holmes planned to masquerade as someone who had been severely burned. While a witness went to summon an ambulance Holmes would replace the unconscious Pretzel with a corpse. Then the insurance company would be told that he had died. Pretzel in turn would receive a portion of the money for taking part in the scheme but soon he learned that Holmes could not be trusted.

The supposed accident took place on the morning of September 4. Neighbors heard a loud explosion from the patent office. A carpenter named Eugene Smith went to the office and found the door locked and the building dark. He was concerned about what had happened and summoned a police officer. They broke down the door and found a badly burned man on the floor. The death was ruled as an accident and the body was removed to the morgue. After 11 days when no one claimed the body it was buried in the local potter's field. Afterwards the police found out that the dead man (Pretzel) had come to Philadelphia from St. Louis and they asked the police of that city to search for relatives. Within days attorney Jeptha Howe filed a claim with the insurance company on behalf of Carrie Pretzel and collected the money. Howe kept $2,500 and Holmes took the rest. Later he gave Mrs. Pretzel $500 then took it back and told her he would invest it for her. Marion Hedgepeth didn't receive any money leaving behind one slighted criminal.

Hedgepeth stewed over this for a while and then decided to turn Holmes in. He explained the scheme to a St. Louis policeman by the name of Major Lawrence Harrigan who then notified the insurance company investigator W.E. Gary who passed the information along to Frank P. Geyer a Pinkerton agent who began an immediate investigation. There was one thing in all this that Holmes had not told anyone. The corpse that had been discovered in the patent office was really Ben Pretzel. Holmes himself had burned Pretzel so that he could not be identified so he wouldn't have to split the money again. He kept this part of the plan a secret because he and Georgianna were traveling with Carrie Pretzel and her three children. Carrie believed that her husband was hiding out in New York. On October 1 the group was last seen in Cincinnati and then in Indianapolis. They then sent Carrie east and the children were left with Holmes and Georgianna. Holmes told Carrie that he would meet her in Detroit which was where her husband now was hiding. Holmes arrived in Detroit several days before the time he had said he would meet Carrie and put the three children into a boarding house. He then returned to Indiana and got Georgianna whom he placed in a second boarding house. When Carrie arrived she was placed in a third boarding house. Then Holmes started traveling about because he was aware that the Pinkerton detective was on his trail. This went on for 2 months and then on November 17, 1894 Holmes arrived in Boston alone, was arrested and sent to Philadelphia.

What You Need to Consider Before Retaining Your Accident Lawyer

What You Need to Consider Before Retaining Your Accident Lawyer

It's not at all uncommon to feel utterly confused and overwhelmed when you find yourself in a situation where you need to retain an accident lawyer. You already know that you must get the assistance of a personal injury attorney but you're not real sure how to go about finding the perfect legal representation for your particular case. It's important to remember that there isn't a one size fits all attorney because each one attorney focuses on specific niche so you need to choose your attorney based on the needs you need met.

When you're in the process of finding yourself an accident lawyer, make sure you have questions on hand that you want to ask. The first thing you need to ask your potential legal representation is what kinds of cases they generally do. When you need a personal injury lawyer, don't go for an attorney who handles mostly family law cases such as divorces or child custody, as they won't be able to adequately represent you.

You should ask the attorney what kinds of successes and failures they have had. You won't find an attorney with a perfect winning case record; however, you don't need to retain an attorney who's barely won any of their cases. Ask the attorney what they learned from the mistakes in those cases. It's not uncommon for a novice lawyer to make mistakes when they first begin to practice law. Yet, as they get more experience, they learn from the mistakes of the past, which means you'll have an attorney with the skills you want and need.

Another thing you need to take into consideration when looking for a personal injury attorney is how often they'll keep you informed about your case. You may have retained the best lawyer but if they aren't returning calls or letting you know what's going on, you're going to get frustrated and feel confused. Make sure you ask the attorney how they will contact you, how often they'll contact you and how long it would take for them to respond to any queries from you.

The last question you need to ask your prospective attorney is how often he/she has to go to trial. Many times you may find that an accident lawyer will take on all the cases they can, without any real regard to whether they are able to win them. They may try to settle the majority of their cases out of court. Of course, there will be instances where the need to settle out of court is necessary than going to trial. However, make sure your attorney considers your case as an individual, not a part of the whole. He/she should determine if your case would be best settled in court of out of court or fought in a trial.

Pitfalls to Avoid When Negotiating an Injury Settlement

Pitfalls to Avoid When Negotiating an Injury Settlement

Most personal injury cases tend to be resolved before the case is brought before a civil jury. Most times, all parties are interested in reaching an agreement before going to court. This tendency is due to the fact that trials are much more expensive than out-of-court settlements; it can take a lot of time, sometimes years, until a verdict is reached. Therefore, settlement negotiations between the victim of a tort and the defendant are frequent.

For example, let's say a driver from Denver is hurt in an accident caused by a negligent driver. In order to achieve a favorable outcome from an injury settlement, it is recommended that the victim work with an accident lawyer in Denver. Let's examine some of the pitfalls that need to be avoided when negotiating the injury settlement.

Not requesting medical assistance The victim needs to request the assistance of medical personnel as soon as possible, even if the injury is not major. When plaintiffs fail to do so, the claim adjuster or the defense lawyer will use this against the victim and suggest that the injury was insignificant.

Representing yourself Unless you are a legal professional or you are absolutely sure you are capable of handling the negotiation, representing yourself is a bad idea. In our case, the victim should contact an accident lawyer in Denver.

Choose the wrong lawyer It is best to hire a competent Denver accident lawyer who specializes in the type of injuries you received. For example, a divorce attorney would not be a good choice, even if he is your sister's husband.

Communicate with the insurance company with no legal advice When the person who seeks to receive compensation for an injury is less informed, they often inadvertently tell the insurance adjuster things that are used against them. Victims should allow their Denver accident lawyer to handle most communications and be present at all times when communicating with an insurance company.

Hide information from your lawyer The victim from our example needs to tell absolutely all of the details of the accident and of the ensuing events to the Denver accident lawyer that he or she has hired. Only by being honest with the counselor can a victim be sure that he or she will receive the best legal advice.

Letting the guard down with the insurance company Even if the claim adjuster may seem friendly and concerned about the victim's problem, remember that you are dealing with a professional who likely only pursues the interests of their company.

Refuse to cooperate and accept mediation Victims should follow the advice of his or her and accept mediation and settlement offers if these offers are reasonable. It is important to have realistic expectations and to rely on the experience and knowledge of your legal counsel. Keep in mind that you will not necessarily receive more compensation if you take the case to court.

Lying about your injuries and their effects Lying about or exaggerating the extent of injuries can be easily uncovered, and when this happens the plaintiff's case is greatly jeopardized.

Personal Injury Protection Insurance Coverage What and for Whom

Personal Injury Protection Insurance Coverage - What and for Whom

Personal injury protection insurance is the insurance that takes care of personal injuries in automobile accidents, regardless of who is at fault. It also covers you if you are a pedestrian injured in a traffic accident. This is a convenient and important form of insurance because it doesn't require the establishment of blame for an accident before paying. Therefore the bills are paid more quickly and the injured parties don't have to wrestle with the insurance companies or with a lawsuit to establish who pays for whose bills.

To better explain, if you are in an accident and need to go to the emergency room, no matter whose fault the accident was, the personal injury protection insurance will be what helps pay for those bills. Anyone who has had to pay for medical care will tell you that you need to have some way to pay those bills if something ever happens requiring you to be in the hospital or have large medical procedures. Even smaller procedures can be extremely costly. However, personal injury protection insurance is not necessarily required if you have other means of paying for that, including good health insurance coverage or other financial means.

Personal injury protection insurance is not usually required as a part of automobile insurance, but must be offered to you by the company you are buying insurance from. It should be noted, however, that certain states do require policyholders to buy this insurance coverage, including Colorado, Delaware, Florida, Hawaii, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon and Utah. Personal injury protection insurance is a good idea for those whose health insurance either doesn't cover car accidents or won't cover large bills.

This type of insurance varies from state to state and company to company, so it is important to know what you are getting when you sign up for it. Some companies and states offer insurance for just the policyholder, while others offer it for passengers or the people in the other car as well. You will want to take into consideration these high benefit types of insurance, especially if you often carpool or have passengers in the car. Different insurance companies also include different things in their personal injury protection insurance benefits. Some companies only pay for the medical bills and costs for their policyholders, while others will pay for more benefits, including funeral expenses, missed work, and more.

Personal injury protection insurance can be a great aid in making sure you are covered in the event of an automobile accident. However, the premiums can be costly, so you should be sure to check your existing health and other insurance policies to make certain it will be useful to you.

Understanding Your Rights Under Premises Liability Law

Understanding Your Rights Under Premises Liability Law

Under legal conditions stipulated by state and federal laws, occupiers of land and owners of property are responsible for the actions that happen on their property. When an accident such as a slip and fall or trip and fall takes place on any legal property, there is great potential for the victim(s) involved to claim premises liability and hold the property owner legally responsible. From public sidewalks, to retail stores, to government owned buildings, and everything in between, there are virtually no grounds that are exempt from the legal responsibilities expected of owners when it comes to maintaining safe conditions for the visitors of these places. In general, the nature of the accident and the severity of the injury will both be assessed when claims of premises liability are made within a ruling court system. In order to determine the outcome of the case, it will need to be established how serious the injury is and how the conditions of the property played in to creating the injury from which a victim is now suffering.

Different states will handle legal matters of this nature in different ways. Some states throughout the U.S. pay close attention to the conditions of a property and the nature of the activities at hand when the accident originally occurred. In these states, a standard practice of care is established that is expected to be abided by both invitees and licensees of the property. This is considered to be a uniform standard of care that requires owners to routinely inspect their property for potential hazards that could endanger those who enter. Conditions to be looked for include uneven gravel, burnt out lights, leaking pipes, and much more. In essence, any circumstance that could potentially cause harm to someone who steps foot on the premises of landowner will be probable cause for a liability claim.

Certain distinctions can also be made regarding whether or not an injury was incurred on a property in which injury was caused to a trespassers. In general, it is assumed that landowners need not give any warning signs of potential hazards within their grounds if the person entering was uninvited. However, exceptions are made for those who own land which is easily accessible and frequently entered by other people. In these cases, man-made or artificial conditions that were created and put in place by a landowner who knows that injury or death could result are ones that need to be publicly displayed and warned against. Failure to do so could lead to serious injury for an unsuspecting trespasser. Under such conditions, it is not unreasonable to make a premises liability claim.

No matter what the specific circumstances of your injury accident may be, if the incident took place onsite another's property then you are likely eligible to seek legal damages. Property owners are responsible for ensuring that their premises are properly maintained in order to ensure that safety is provided to all who enter. When a slip and fall accident or any other type of injury occurs while on the grounds of another's property, it is not unreasonable to consider the option of filing a personal injury claim and citing premises liability as the cause of the accident.