Currently Browsing: Premises Liability

Road Defects

When we hear of a car accidents, we often blame the car or cars involved. They may have failed to yield or ran a stop sign, causing an accident. While this is often the case, sometimes defective roads can be the real cause of an accident. Defective roads are often caused by not being properly maintained by local municipalities, leading to real dangers for unsuspecting drivers.

Some common causes of road defect accidents may seem to be just an annoyance to most drivers, but are often overlooked for their ability to cause serious damage and injuries. One of the most common frustrations is potholes that cannot seem to be avoided. However, most people don’t realize that running over a pothole can damage the tires, suspensions, and alignment of a car, according to the website of Crowe & Mulvey, LLP. Road defects such as a shoulder drop off and uneven payment can lead to similar damages to a car as well as accidents that can leave an individual with serious injuries.

Another road defect caused by municipality negligence is lack of road signs. Signs such as stop signs and speed limit warnings are essential to safe driving conditions and regulating traffic. When a municipality fails to put these signs up or replace those that are damaged to a point that they are unreadable, they put drivers at an increased risk of an accident.

While car accidents are often caused by the actions of an individual driving a car, road defects can also lead to devastating accidents. These road defects may not just be frustrating but extremely dangerous. Even worse, these defects are often preventable and are caused by municipal negligence. With all the risks inherently present in driving a vehicle, negligent defects should not be another.

Swimming Pools and the Laws of Premises Liability

The adage “strong fences make good neighbors” probably wasn’t meant to apply to avoiding premises liability but in the US this is actually a good thing to remember. Swimming pool injuries and fatalities are unfortunately quite common in the US, and according to the Consumer Produce Safety Commission far too many of these are children below 5 years old.

While children will get hurt if they are not properly supervised, the responsibility for this usually resides in parents, guardians, nannies, or other persons whose job is to look out for a child’s welfare while in their care i.e. teachers. However, the laws which apply to private swimming pools place all the responsibility of ensuring the safety of children on the pool owner, even if the child is there without the knowledge or consent of the owner. An article on the Habush Habush & Rottier S.C. ® website indicates that the pool owner may be held liable for medical and other expenses that you might incur.

Swimming pools are enticing to children, especially if the pool is well-maintained and the child is bored. This is the “attractive nuisance” theory of premises liability that pertains to small children. There is nothing more tempting than taking an illicit trip to the neighbor’s pool for a little dip. The pool owner has to ensure that their swimming pool has all the necessary safeguards to prevent a small child from wandering into the area and falling (accidentally or otherwise) in. State laws differ, but in general they require a pool owner to have the appropriate enclosure completely surrounding the area to prevent small children from getting in.

If the child is being supervised by a parent (not the pool owner) at the time of the accident, the application of premises liability law will be more complicated. However, if the accident was because the pool was poorly maintained, defective in some way, or the surrounding areas were dangerously slippery, the pool owner may still be held completely liable.

If a child has been injured or killed in a swimming pool accident because the pool owner was somehow negligent, you may file a lawsuit for compensation. Find out more about state laws on premises liability from an experienced personal injury lawyer in your area.