Injuries on Others' Property
This scope of the law involves the other side of the
coin so to speak. It is when you have been injured on someone else's
property and are making a claim against the property owner or owners.
This could be a claim against a retail store, your employer, a government
building, or your neighbor.
If You Get Injured in a Store
Suppose you tripped and fell on a spilled can of paint in a hardware
store where you were shopping, injuring your foot. Can you recover
damages from the store? It depends on the facts of the case. Storeowners
must keep their premises reasonably safe for customers, inspecting
and discovering any dangerous conditions. They also must keep all
aisles clear and properly maintained. A judge or jury will look
at whether the owner was aware that the paint can was in the aisle
and how long it had been there. But a judge or jury also might find
that you discovered the spilled paint and proceeded to walk right
through it. Then the judge or jury might deny you damage or find
you're comparatively at fault, thus reducing your recovery.
What if I get injured while at the home of
my neighbor, who invited me there for a party?
As a social guest, you might be able to recover from your neighbor,
depending on how your injuries happened. Homeowners must tell their
guests about--or make safe--any dangerous conditions that the guests
are unlikely to recognize. Suppose, for example, that your injury
was caused when you tripped on a throw rug. You may be able to recover
if you can prove that your neighbor knew other people had tripped
over it and you were unlikely to realize its danger. Your neighbor
probably should have warned you about it, removed it during the
party, or secured it to the floor with tape or tacks.
I was walking on a public sidewalk next to
a construction site when I tripped and fell on a brick from the
site, spraining my ankle. May I recover damages from the construction
company?
In some circumstances, you will be able to recover damages from
the construction company, which has a duty to take reasonable steps
to keep sidewalks near its construction sites free from bricks and
other debris. If the company fails to remove such obstructions and
you trip and fall, the company may be liable for your injuries.
Construction companies should tell pedestrians that they could get
injured if they stray from the sidewalk. But posting a sign is not
enough. If a company fails to place barriers or warning lamps by
a building pit, for example, it may be responsible if anyone falls
into it and gets injured.
I fell on a broken piece of a city sidewalk
and injured my ankle. Do I have a case against the city?
In many states, municipal immunity statutes prohibit recovery in
many kinds of cases against a city or town. If there is not such
a statute or ordinance, however, you may have a case. Municipalities
have a duty to keep streets and sidewalks in repair. You might have
a successful case against the city if you can show that it failed
to maintain the sidewalk properly.
My son received an injury during basic training
in the U.S. Army. May he recover damages from the federal government?
No. People in the armed services who receive injuries during the
course of their duties are not permitted to recover for their injuries.
But the Federal Tort Claims Act of 1946 waives U.S. immunity for
a "negligent or wrongful act or omission." So it would
permit, under certain conditions, recovery in personal injury lawsuits
against the United States government for torts committed by its
employees. These actions are brought in the U.S. Claims Court (see
the "How the Legal System Works" chapter). Some states
have their own courts of claim. In other states, claims actions
can be brought through other courts.
My son and his friends went snowmobiling on
a nearby farm. When the vehicle ran into a fence, one of them got
hurt. The farmer now says he is not liable. Is that true?
If landowners know that others are using their land for snowmobiling,
most states say they must warn snowmobiles about hidden dangerous
conditions or remove them. Was the fence visible? Did the farmer
recently build it? A few states, such as Michigan, have laws specifically
dealing with liability when someone uses property for recreational
purposes without permission. In those states, the farmer probably
would not be liable if he did not authorize the boys to be on his
land and did not act recklessly. You might want to ask a lawyer
about your state's law.
I got injured on a ski lift. May I recover
against the ski resort?
Possibly. Can you prove that the resort was negligent? Remember
that some states have laws limiting the liability of resorts, saying
there are certain risks that a person assumes when skiing. However,
some states hold that ski lifts are common carriers, like buses.
They have higher duties than others, so in one of these states you
might have an excellent case.
Liability at Sporting Events
Suppose you went to a baseball game, and a ball that a player hit
into the stands injured you. What can you do? Spectators at a baseball
game know they may be injured by a flying ball. That is why courts
generally say that spectators assume the risk of being hurt by a
ball. The same usually holds true if a golf ball hits you while
you are watching a golf match. Likewise, if a wheel from a car in
an automobile race flies into the stands, you assume the risk of
getting hurt. The legal term for this doctrine is assumption of
the risk. It means that you agreed to face a known danger. But if
there is a hole in a screen intended to protect spectators at the
baseball park, you then probably could argue that it was negligence
not to have it repaired.
My daughter, who plays on the local park's basketball
team, brought home a note asking us to sign a form saying we won't
hold the park district responsible for injuries. What is that?
You are talking about a so-called waiver of liability that is intended
to contractually release the organization of any liability should
an injury occur. Your signature doesn't necessarily mean that you've
signed away all of your rights. If you must either sign such a form
or deprive your child of the chance to participate in the activity,
a court may hold that your waiver is not really voluntary and thus
not valid. And even in those states that recognize waivers, the
waiver might not mean that you are giving up your right to sue entirely.
If an injury results because of intentional or reckless behavior,
you probably will be able to seek damages.
I was staying at a motel when there was a
fire, but there was no water sprinkler system and no escape route
posted in the room. Doesn't the hotel have to have those safety
precautions?
The motel management probably should have exercised reasonable care
about the fire alarms and fire escapes. And they should have helped
you escape. As in the case of the common carrier above, the law
generally says that innkeepers, who have a special relationship
with their guests, have a higher duty of care.
Someone attacked my daughter on the campus
of the college she attends. May she hold the school responsible
for this attack?
Your daughter might have a negligence action against the college.
In a developing area of law known as premises liability, courts
have found such entities as universities, motels, convenience stores
and shopping malls liable for attacks because they did not exercise
reasonable care in preventing victims from being harmed by a third
person. In a case that drew headlines in the 1970s, for example,
a court awarded $2.5 million to singer Connie Francis for an attack
at a Howard Johnson's Motor Lodge. The court found that the motel
did not take proper and reasonable steps to prevent the attack.
In general, a hotel must provide adequate security and not permit
people to loiter. In your daughter's case, a court would look at
the facts and ask whether similar attacks had occurred previously
in the same area. If so, the court would ask what security precautions
the college had taken.
I was attacked after withdrawing money from an automated
teller machine (ATM). What can I do?
Under the tort theory of premise liability, discussed above, customers
have sued banks for failing to protect them from assault at ATMs.
While there used to be no common law duty to provide security against
such crimes, a duty has been recognized in recent years. In such
a case, a judge or jury would determine if there were past occurrences
and if a likelihood of a crime was foreseeable. If so, they may
hold that the bank had a duty to protect people using that machine
and that the bank was liable.
Is there anything else victims may do?
Yes. Most states have laws compensating victims of violent crimes
for lost wages, counseling, and medical expenses. There also are
several victim assistance programs. Check with your local prosecutor's
office (possibly called the office of the state's attorney or district
attorney).
If You Get Injured at Work
Workers' compensation laws, currently in place in all fifty states
and the District of Columbia, cover most workers injured on the
job. Under these laws, employers compensate you for your injuries,
including medical expenses, lost wages (temporary disability) and
permanent or temporary disability, regardless of who was at fault.
All you have to do is file notice with your employer and a claim
with the state's worker's compensation commission, or board. (See
the chapter on "Law in the Workplace" for more details.)
Legislatures created the laws because they thought
that liability for workplace accidents should be placed on the one
most able to bear the loss--the employer. The statutes fall under
strict liability principles, discussed below, so no employer or
employee negligence or fault need be shown. In fact, the statutes
prohibit employees from filing tort claims against their employers
for conditions covered by the law. Instead, an employee gets paid
according to a fixed schedule of benefits, regardless of who was
at fault.
It is extremely rare that an employee is not covered
by such a law, but if you are not, you may be able to recover from
your employer on a negligence claim. To do so, you must show that
your employer failed to exercise reasonable care in providing you
with safe working conditions or that your employer failed to warn
you of unsafe conditions that you were unlikely to discover. Other
possible suits against your employer might include an action alleging
an intentional injury or an intentional disregard of your safety.
Or your spouse might sue for loss of consortium. (See the "Family
Law" chapter for more details.)
I think my colleagues' smoking at work is
making me sick. Since I'm a non-smoker, do I have any recourse?
In a growing area of interest, a recent Environmental Protection
Agency report has linked "passive" tobacco smoke to lung
cancer and other ailments. Some non-smokers have filed workers'
compensation claims saying they became ill in a smoke-filled workplace.
Damage suits also have been filed against the employers, for allowing
smoking, and directly against tobacco companies. The non-smoker
would have to show that the presence of smoke caused his or her
illness.
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