by Johnathonb » Sun Jun 08, 2008 12:00 pm
How do a code violation tie in with a premise liability? For example person a have a business person b got injured on the business due to that code violation. Person a took care of the violation. But later on down the line the owner was cited for the same violation at the same area. Could that prove the business owner negligent?
Posted: Sun Jun 08, 2008 03:46 pm Post Subject:
Certainly. Don't know what else to say about that... I think it pretty much speaks for itself.
Posted: Mon Jun 09, 2008 04:44 am Post Subject:
Could that prove the business owner negligent?
Are you asking from the insurance pov?
Posted: Mon Jun 09, 2008 05:39 am Post Subject: compliance
Hi..
If you're telling me that person B got injured by violating the code...then I believe person A is not responsible in that case. But as you could see, that in the second case the person himself has violated the code, then I believe he is in the latter case. I have reasons to say that these codes are being laid in accordance with the state compliance guidelines & anyone overlooking them would be exposed to heavy penalties.
Hope you are careful to follow it yourself :)
Carol
Posted: Mon Jun 09, 2008 07:06 am Post Subject:
Hi. From an insurance and court pov. And no person b didnt violate a code person a did. Later on down the line(months) person a got cited for the same violation in the same area of his business.
Posted: Mon Jun 09, 2008 11:43 am Post Subject:
Could that prove the business owner negligent?
You'd better believe it and I wouldn't want to be staring at that jury, while I tried to explain that one!Posted: Mon Jun 09, 2008 03:50 pm Post Subject:
Would that be from the insurance co. or courts pov?
Posted: Tue Jun 10, 2008 07:21 pm Post Subject:
Would an insurance co want to settle a matter like this? Or would they take this to court? Is it true some companies would rather go to court no matter what because they hold on to the money longer and make money from that money?
Posted: Wed Jun 11, 2008 11:13 am Post Subject:
Would that be from the insurance co. or courts pov?
BOTH!Would an insurance co want to settle a matter like this?
More than likely yes....they never want to litigate something where there is (if there is) clear liability/negligence...Is it true some companies would rather go to court no matter what because they hold on to the money longer and make money from that money?
No in fact it's the opposite! The cost of litigation is very expensive, and we have all (adjusters) seen claims paid that really shouldn't be paid at all, because it is cheaper than fighting them...Are you the owner/insured or the injured party? If you'd like to explain the violation and subsequent injury we may be able to give you more insight..
Posted: Wed Jun 11, 2008 02:16 pm Post Subject:
I have a business. It is a very very small one. Just something to make two ends meet. A person got injured at my business, at the entry of it. The railings wasnt stable. I was unaware of it until the person got injured. The railings was a building violation but i didnt recieve a citation for it by the code guy. I fix them so they can be stable. I didnt replace anything because i felt nothing needed to be replaced. Im not at all bitter about the person filing a claim on my insurance because that is the reason why i have it. The claim is still open because I guess this person is still under treatment. About 9months or so after the injury. Someone report me to the code guy about the entry. Come to find out i was in the same violation as before at the exact same entry area of my business. I replaced them now. But would they be used to prove negligent? I wasnt aware of it being out of code again. The photos of the entry when the person got injured prove it was out of code even when i didnt get a citation for it. Would my insurance co. settle something like this. A few people told me it is not something that would want to go to court. Because the plaintiff attorney would make me look very horrible in court and make it portray like im a bad person. I dont know how the insurance co works and how the process is and how they come to the choice of settling the case. But I know once i got report for it that would be public records for anyone to see. Im very sorry for any typos I'm in a hurry today. I want to thank everyone who took the time to answer my questions. Im very grateful for the help. Have a great day everyone.
Posted: Wed Jun 11, 2008 03:05 pm Post Subject:
Also it was a state code violation not local.
Add your comment