Do you know what premises liability is and how it applies to property owners?
You may be unfamiliar with the term, but you likely know what a slip and fall or swimming pool accidents are. Both of these are examples of a premises liability accident.
Any property owner has a responsibility to ensure that their property is safe and has no glaring risk for an accident. Should they fail to do so, then they’re violating their premises liability.
If you’re the victim of a premises liability accident, then you’ll want to seek reparations for the pain and injury you’ve been inflicted. Before you hire an attorney, it’s helpful to fully understand this law and if it will apply to your situation.
Fortunately, we’ll explain premises liability below to help you determine if you’re eligible for damages.
What Is Premises Liability?
First, you’ll need to know what premises liability is. This term refers to the requirement for property owners to ensure that their property is reasonably safe for any visitors.
With this in mind, a property owner needs to be diligent about eliminating any hazards that can lead to an injury. At the very least, a hazard must be identified so it can be easily avoided. Failing to do so can make a property owner responsible for any accident that ensues.
A perfect example to picture this is entering an establishment with a recently mopped floor. If there isn’t a wet floor sign present and you slip and fall, then the business was failing to uphold their premises liability.
What Situations Are Covered?
The scope of premises liability is fairly wide, meaning that an array of accidents can be attributed to it. Here are a few of the most common situations involved:
- Slip and Falls – This is one of the biggest reasons for premises liability cases. Typically, there is something on the ground that causes someone to slip and sustain an injury. This often includes substances like liquid and food. If the spill is not indicated or dealt with, then this creates a premises liability accident.
- Poor Maintenance – Closely related to slip and falls is poor maintenance. This happens when an establishment fails to perform upkeep on their property. As a result, there may be an uneven sidewalk, faulty railings, broken stairs, or something that may fall on someone. A property owner is responsible for ensuring everything is safe and up to par.
- Lack of Security – One you might not be familiar with is a lack of security. This pertains specifically to establishments that need to keep people safe from criminal activity. Two great examples include college campuses and shopping malls. If you’re the victim of an assault or robbery on either property and there is no security around to help, then premises liability will apply.
- Animal Attacks – Another situation involves animal attacks. Someone who owns a pet is responsible for preventing them from harming anyone. This is particularly relevant for dog owners and dog bites. A dog owner that knows their dog is potentially dangerous must take measures to ensure that they don’t harm anyone.
- Swimming Pools – A very specific case involves swimming pools. Property owners that have a swimming pool on the premises need to make the pool difficult for children to access. This means placing a gate around it and/or covering the pool.
What Does This Mean for a Property Owner?
Understanding what premises liability is and what it applies to makes it easier to extrapolate the responsibility of a property owner.
If you own a property, then you must reasonably handle all hazards promptly. The reasonability factor is very important because there are some situations that a property owner can’t possibly prevent.
For example, a property owner can’t repair a broken staircase if it just happened and they don’t yet know about it. Another one includes having round-the-clock security for an establishment that doesn’t experience much crime.
A property owner is only responsible for preventing foreseeable hazards. If something entirely unexpected happens, it’s unfair to place the responsibility on them.
Should you own a property, then you need to keep visitors safe from harm due to something wrong with your property.
You should also understand that property owners are only responsible for two types of visitors; invitees and licensees. Invitees are people that exist to engage in business, like a shopper, repairman, or salesperson. Licensees are those that visit the property for non-business persons like a social visit.
There’s a third category of visitors known as trespassers, but you have no obligation to keep them safe unless they are children and an attractive nuisance is involved. This involves situations like the swimming pool mentioned above, but it can also apply to things like having a trampoline or large machinery sitting around on your property.
How Can You Receive Compensation If You Are Injured?
The last piece of information to understand is what makes you eligible for compensation from a premises liability accident.
As we mentioned above, a property owner is only liable for reasonably foreseeable accidents. Adding on to this, you need to be able to prove that your injury was caused due to the owner’s negligence. This means that they identified a hazard and ignored it or failed to take adequate action to prevent harm to any visitors.
If negligence is provable, another consideration is about any responsibility placed on you as the victim. Behaviors like being distracted or intoxicated can shift some of the blame to you. Furthermore, failing to minimize the impact of an accident can also affect the outcome of your case.
This is important because how much responsibility is attributed to you can determine how much of a financial award you’re entitled to. A majority of states use laws that involved modified compared negligence.
This means that you can only receive compensation if you are less than 50% responsible for the accident. You’re also only entitled to the property owner’s contribution of the responsibility. If they are found 70% responsible, then you can only receive 70% of the claim.
A few states use laws that involve pure contributory or pure comparative fault rules. Pure contributory means that you cannot receive compensation if you are at all found to blame.
On the other hand, pure comparative means that you can file a case if the owner is found at all to blame. Both laws void the 50% rule, meaning that as little as 1% blame can bar or enable you to receive reparations.
If you’re injured on someone else’s property, then you may be a victim of a premises liability accident.
Premises liability refers to a property owner’s reasonable obligation to prevent any hazards from causing injury. This applies to situations like slip and falls, poor maintenance, a lack of security, animal attacks, and swimming pools or other attractive nuisances.
Property owners are responsible for preventing foreseeable harm from affecting their visitors. This means that someone is only eligible for compensation if they can prove that an owner acted negligently and ignored the hazard.
If you’re able to prove negligence, then it will be determined how much you were to blame for the injury. In most states, you need to be less than 50% responsible to receive compensation for the accident. Your percentage of responsibility will affect the amount of money you can be awarded from the case.
Regardless of your circumstances, reach out to an attorney and discuss your situation with them to determine if your accident is a good candidate for a premises liability case!
Does CBD Oil Work for Chronic Pain Management?
Many people use CBD oil to relieve pain and to improve other conditions like sore muscles and feelings of anxiety or depression. Recent research has shown the potential that CBD oil has the potential to help patients get relief from many of those conditions.
In this article, we will look at how CBD oil works and how it can benefit people suffering from numerous conditions including anxiety, depression, acne, eczema, multiple sclerosis, rashes and people presently undergoing debilitating treatments like chemotherapy.
According to CBDStudy, CBD is one of many naturally occurring compounds in marijuana and hemp plants known as cannabinoids.Many plants contain cannabinoids but hemp and marijuana plants a very high concentration of them.
Tetrahydrocannabinol (THC) is the cannabinoids that causes users to get that “high” feeling that results from using marijuana. But CBD oil does not cause users to get high. This is because CBD does not connect with the same receptors inside the brain as THC does.
Cannabinoids have a direct effect on the endocannabinoid system (ECS) inside our brains. That is why these compounds affect the way we feel pain, our sleep cycles and how our immune system functions.
Can CBD Make You Feel High?
CBD does not make users feel high although it does have many other positive reactions. It can also encourage the body to naturally produce more of its own naturally occurring endocannabinoids.
For example,CBD oil stops the body from absorbing anandamide, a compound associated with the way the body experiences pain.
The cannabinoid compound contained in hemp and marijuana plants that creates that “high” feeling is called THC. Two years ago, Congress passed the 2018 Farm Bill which allowed for the sale of CBD oil products over the counter as long as they contained a maximum of 0.3 percent THC. That is simply not enough to get you high.
You may ask, why is a small trace amount of THC still in these products? That is because of the way the different cannabinoids or compounds present in hemp plants interact with each other.
When all of the naturally occurring compounds are present in one CBD oil product, they actually help to maximize the effects of all of the other compounds in the product. This is called “the entourage effect.” It basically means that when all of the cannabinoids are working together, they work better than they would if they were working alone.
What is CBD oil?
Some type of cannabis plants — often called hemp or marijuana,contain different levels of various chemical compounds.
Most CBD oil comes from industrial hemp, which usually has a higher CBD content than marijuana. It also contains less THC.
CBD oil comes in many different strengths and people can use it in various ways and for several different conditions. Its recommended that you discuss CBD oil with your doctor before using it to make sure there are no potential negative interactions between any CBD oil products and any prescription medications you are presently taking.
CBD oil is actually one of the oldest natural remedies used by human beings. For thousands of years people have used CBD to treat different types of pain and other conditions. It’s only in recent years that the scientific and medical communities have begun to study it more closely and how it can benefit patients with many conditions.
Here are some of the possible benefits of CBD oil:
Some researchers note a significant drop in inflammation and signs of pain, without additional side effects by using CBD.People using CBD oil for arthritis may find relief from their pain and they may see less swelling in their joints as well.
Multiple sclerosis is a condition that affects the entire body because it impedes signals sent to the muscles by the brain via the spinal cord.
Nerve pain, tingling in the hands and feet and a reduction in strength and mobility are among the most common symptoms of multiple sclerosis. If untreated, it could eventually prevent a person from being able to walk or get around on their own.
Recent studies show CBD oil could reduce the levels of spasticity that MS patients often feel. Many people also reported a reduction in symptoms. Additional studies are needed to verify these results.
Researchers say the results of multiple systematic reviews covering dozens of trials and studies. Some recentstudies indicate there is substantial evidence that CBD oil is an effective treatment for chronic pain in adults.
This has the potential to benefit patients suffering from conditions like osteoporosis or arthritis and those undergoing painful treatments like chemotherapy where the side effects from the treatment is often nearly as debilitating as the disease.
They noted that cannabinoids, such as CBD, could offer helpful new treatments for people with chronic pain.
Marijuana derived CBD products are not presently at the federal level but are legal under the laws of some states. However, CBD oil products made from hemp and that contain a maximum of 0.3 percent THC are legal and available for sale as supplements in all 50 states since Congress passed the Farm Act of 2018.
There are many potential uses for CBD oil and studies are ongoing as to exactly how it can be used to help people suffering from numerous conditions. What we do know for sure is that CBD oil products can help people relax and create an overall feeling of well-being that can help improve the symptoms of conditions like anxiety and depression.
It also has anti-inflammatory properties which can benefit people suffering from several conditions from chronic pain to acne and eczema. Best of all, CBD oil is a natural substance that has few if any side effects which differentiates it from many other prescriptionand over the counter medications out there.
CBD oil can offer help for many people if they use it regularly and properly.
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