Not every injury that occurs on someone’s private property can result in a personal injury settlement. Some accidents truly are no one’s fault, and these might not be covered by civil protections. However, if the injury was caused by a person’s negligence, you will almost always have a case. Usually, negligence is indicated by the state of the property.

For example, if you were invited to a New Year’s Eve party and the person who invited you knew it had snowed all day but had done nothing to clear up the snow, this person would be liable for any injuries caused by the snow, including slips and falls. Other indications of negligence include:

These are a very common source of injury for visitors, especially for children. Since injuries can be severe, most property owners carry additional liability coverage to help protect against the potential for injuries.

Farm Equipment
Small farm vehicles, such as ATVs and tractors, can cause injuries to teens and young adults. Property owners have increased responsibility to know who is driving or even near their equipment.

Trampolines, swing sets and tree houses bring their fair share of accidents. Homeowners should know the extra dangers and prepare for them.

If you have to sue in order to recover the compensation you are due, the first thing that you will have to figure out is who has jurisdiction or authority over the case. As a rule of thumb, always remember that you can file in the county and state that the accident occurred in. No matter where each of the drivers is from, that county or state can assume jurisdiction because it’s where the accident occurred.

There are times, however, that you may be able to sue in your home state if you’re able to show that the plaintiff (the person you are suing) has minimum contacts with the state. In other words, you would have to be able to show that the person you are suing has some type of connection with the state that you live in. This could include a person who works, goes to school in, or visits your state annually on vacation.

Not only will your choice of jurisdiction possibly save you time and money in travel, but will also determine the laws that apply to your case. Although many of the state’s laws are similar, there are differences that could have a tremendous impact on the outcome of your case.

Each state also has different statute of limitations, or the time frame allowed in which you will be able to file your lawsuit. For example, you may only have one year to file a personal injury lawsuit in the state of Louisiana, two years to file in Georgia and four years to file in Florida, but you would have up to five years in Missouri.

If you’re under the age of 18 at the time of the accident, the statute of limitations may be different because, in many states, the statute of limitations doesn’t begin to run until you turn 18. For example, if you are 16 when you have an accident in Georgia — a state that has a two-year statute of limitations — you will, in reality, have four years in order to file your lawsuit.

If you have an accident out of state, there are calls you will need to make. After you leave the scene of the accident, the first thing you need to do is to contact your parents and let them know. Although you may be tempted to keep your accident a secret, you may ultimately need their help.

You will also want to contact your insurance company. Although you’re not at fault, you will need to file a report with them to let them know that the accident has occurred. If the person who is responsible does not have enough insurance to cover your costs, you may end up having to collect from your uninsured or under-insured coverage.

You then need to immediately contact the Law Offices of Friedman Rodman & Frank. They will walk you through exactly what you need to do in order to handle your case. Follow the advice they give you and everything will work out in your favor.

The laws of premises liability often determines if the owner of a trampoline is to be held liable for an injury that occurs. Premises liability is a legal principle stating that a property owner is responsible for maintaining a safe environment on their property.

Premises liability is not necessarily a blanket concept with no conditions; indeed, in certain circumstances a property owner will not be held liable if an injury occurs on their property. For example, property owners are expected to provide an environment free of hazards for invited guests or others who have a lawful purpose for their presence.

Conversely, trespassers are not provided with the same rights under premises liability. However, if the trespasser is a child, for example, there are different considerations if they enter the property and are injured. That means a property owner may be found liable for a trespassing child’s injuries, especially if the child was “lured” by what is known as an attractive nuisance.

How Trampoline Owners Can Minimize Their Liability Exposure

Individuals shouldn’t take lightly the responsibility of owning a trampoline and allowing others to use it. There is a real possibility of being sued and found liable should someone be injured on a trampoline owned by a private individual.
However, there are several steps that can be taken to reduce the liability of trampoline owners. Many of them are commonsense measures, but they are important to implement if a trampoline owner wants to prevent injury and a subsequent lawsuit. Below are a few of these steps to take:

Ensure Equipment is in Safe Operating Condition

Before an owner ever allows anyone to access their trampoline, the first responsibility is to ensure the trampoline is in safe operating condition. Allowing others to use an inherently dangerous trampoline is a sure path to being found legally liable for an injury.

Specifically, ensuring a trampoline is safe for use means it should be properly assembled by following all manufacturer’s instructions. In addition, all safety equipment–pads, nets and warning labels–should be intact and in good condition. Owners should never allow others to use a trampoline with flaws, such as corroded springs or tears in the bounce mat.

Provide Clear Warnings to Participants

One way trampoline owners can protect themselves from legal liability is by providing warning in advance to users and others who may be considering the use of the trampoline. For example, giving clear verbal instructions is an appropriate means to let others know what is permitted and what is not allowed while on the trampoline.

In addition, trampoline owners should consider posting warning signs on their fence or in other conspicuous locations in close proximity to the trampoline. These notices should provide warnings about the danger of trespassing and explicitly prohibit use of the trampoline without supervision.

Do Not Permit Unsafe Activity

Another important step for trampoline owners to take is to prohibit users from acting in an unsafe manner. Trampoline owners are responsible for monitoring how others use their equipment, and owners shouldn’t hesitate to step in and stop dangerous behaviors.

For example, if too many persons are on the trampoline and cause the weight limit to be exceeded, the owner should ask that some participants get off and wait for their turn. In addition, if a user is reckless and engages in risky bouncing behavior that could cause injury to himself or others, then they should be warned and removed, if necessary.

If you are a trampoline owner and want to know more about protecting yourself from legal liability, be sure to contact a qualified attorney for assistance. The lawyers at Friedman, Rodman and Frank can provide expert advice to you that will enable you to provide a fun, safe environment for your guests.

It is important to seek immediate medical attention to know the full extent of your injuries. Explain to the doctor the injury as well as all of the ailments and effects that accompany it. A doctor should run a variety of tests to know what is injured, as well as the anticipated recovery time. It also important to understand that you do not have to see the company physician. Under the Defense Base Act, you can select your own personal doctor.

As soon as possible, you should file a report with your employer documenting your injury. It is also important to collect necessary evidence and document what actually occurred, in case your employer tries to dispute your claim.

Contact a DBA Lawyer

Disability compensation may be available in the form of payments while an employee is still healing. Total or partial disability will be paid depending upon whether the employee can work.

Permanent Disability