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: Thu Jun 12, 2008 11:22 am Post Subject:
Someone report me to the code guy about the entry.
More than likely your injured party... :roll:I was unaware of it until the person got injured
Let me make sure I understand you right...you didn't know anything was at all wrong...when someone got hurt you immediately fixed the problem..right?Come to find out i was in the same violation as before at the exact same entry area of my business
The railings was a building violation but i didnt recieve a citation for it by the code guy
Are you saying the code guy came out after the FIRST incident...told you it was a code violation, but did not issue you a ticket/violation? Or are you saying there was no code guy at all until you were reported the second time? If the guy came out the first time and told you it was a violation, but he was gonna give you a break just fix it...did he explain to you the proper way to fix it, to be within code? If so did you not do this? Or did you not see the code guy at all until the last time when you were issued a violation....I need some clarity on this code guy and how many time you talked with him etc..But would they be used to prove negligent?
If they can prove that you were in violation, and continued in violation...it ain't gonna help ya'...but since no one else has been injured I don't think this will enter into it in any great degree....It wasn't stable whether in violation or not....you were negligent in not providing a safe railing....Now had another person gotten injured and the repairs where not made up to code....could be a problem...but don't see any real issued with this and the claim you have against your policy..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
Yes, they will try and settle this, but because you were negligent in not providing a safe railing....again it could be brought up you were in code violation, and if they can provide evidence that you knew this and did nothing to remedy the situation...it wouldn't make you look like the most compassionate business owner...and if another person would've gotten hurt in the mean while could've spelled big trouble...but this in and of it's self won't make much difference if I'm understanding you correctly...Your carrier will try and protect you and your assets by settling this claim because, well you/they owe it...They will do their best to settle it without going to court...sounds like there is no dispute about liablity to me...so I doubt it would see the court house steps atleast not based on negligence...probably only would be there if the injured party is asking a crazy amount for a small injury...What is the injury? Treating for nine months? You're not a bad person by the way...you made repairs immediately right?I dont know how the insurance co works and how the process is and how they come to the choice of settling the case.
The way they come to the choice of settling or denying claims is based (assuming policy is in good status) solely on negligence and liability....Did you do something wrong? Well, yeah, ya' kind of did...not about the code thing, but about having an unsafe entrance to a public place, (your business) that you either knew about and didn't fix, or should've known about....If you were negligent or legally liable in a claim that is when your company decides to pay the claim....They can't though, pay it till the injured party is ready to settle...Have you talked to the adjuster lately? Call them and ask how it's going...Im very sorry for any typos I'm in a hurry today
oh please, i'm a typo mess all the time...don't think about it!Also it was a state code violation not local.
Jonathan, what exactly was the code violation...have you now complied, and have you paid the fine?Posted: Thu Jun 12, 2008 04:20 pm Post Subject:
Yes, I didnt know it was bad when someone got hurt. I fixed it.
the code guy came out the second it when someone reported me. The first time he didnt come out. I fixed it after the person got injured.
Yes, they can prove i was in violation with the pictures the first time. The second time the code guy came out and cited me for the probably. WHich are public records. I didnt have to pay a fine unless i fixed it in a number of days they gave me. He issued me a report and send me a letter.
A friend told me a that if this would (I hope it doesnt) go to court. injured person attorney would say something like well you knew someone got injured there before and you are supposed to inspect a area like this why didnt you. It not going to look good i was in the same violation at the exact same area. Im not sure of the injures but i will give my adjuster a call. I hope this matter will be out of the way soon. It very stressful thinking about it sometimes.
Posted: Fri Jun 13, 2008 10:21 am Post Subject:
A friend told me a that if this would (I hope it doesnt) go to court. injured person attorney would say something like well you knew someone got injured there before and you are supposed to inspect a area like this why didnt you
Well, friends don't always give the best advise, but most of the time their hearts are in the right place....very doubtfully this would ever got to court PERIOD..It not going to look good i was in the same violation at the exact same area.
Ok, but here's the thing...all you knew was someone got hurt..you immediately fixed it right? You did not (at that time) know you were in any code violation until the code guy came out and gave you this violation, which you also immediately took care of ONCE YOU WERE AWARE OF IT...I see no issue here..other than you had an unsafe entrance which was also a code violation, however you didn't know it...now, had you been issued a violation, then did not correct it and another person got hurt...yep you'd' look like a heel....Jonathan, please don't worry about this any more...I'm just sure this code business will have no greater impact on this claim than the injury to begin with...Im not sure of the injures but i will give my adjuster a call. I hope this matter will be out of the way soon. It very stressful thinking about it sometimes
I know it is...but understand it is your insurance company/adjusters job to protect you by settling any claims that you become liable for....call your adjuster ask how the claim is going TELL them about the violation, and that it is all taken care of now, and that you did fix it right after the injury, then fixed it up to code immediately once you realized you were not within code.....Then let the adjuster do their job...If you want check in with the adjuster periodically to see if the claim is closed yet...But try and put this out of your mind....You sound like a 'stand up' guy....Don't let well intended folks worry you un-necessarily...Let us know if we can be of further assistance, and what you find out about the claims progress.
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