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Anywhere
a large number of people congregate or go, there is an
increased risk of hazards, accidents and injuries. In general, the owners
or occupants of
buildings, shopping centers, malls, stores, and other commercial
establishments have a duty to insure that the premises are reasonably
safe, and to warn of known dangers or unsafe
conditions. Businesses, shopping centers, and other
commercial establishments may be held responsible if they have not
implemented safety checks and procedures to discover dangers to their
customers or employees. Liability can arise from many
circumstances. For example, liability can arise from foreign
substances on floors; building
and structural defects; improperly designed entrances and walkways; architectural, engineering, contractor
or
subcontractor errors; unsafe building materials; building code
violations; unsafe heating, cooling, refrigerant and electrical equipment;
and unsafe stairs, balconies, escalators, railing, and elevators.
Liability can also occur from a failure to properly maintain a
building and it's contents. For
example, light bulbs may not have been replaced in dark areas or
floors may have been improperly waxed causing poor footing. Liability
can also arise from a failure to provide security; a failure to
properly provide for emergencies
such as fires, dangerous gases, criminal activity, and explosions; or
a failure to properly secure unsafe products, toxic cleaning materials, or
other hazards accessible to children. Liability may occur from a
failure to properly hire, train or supervise employees who cause an injury.
Though
common sense and safe practices can help eliminate many hazards,
needless injuries occur in unsafe buildings, shopping centers, and
commercial establishments. Always determine the cause of the
accident. The following are a few important legal, factual and
evidentiary matters to consider when evaluating a claim.
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When,
where, and under what circumstances did the accident occur?
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Did
the accident occur inside or outside the building?
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Was
the injured person a customer or employee?
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Was
the accident properly investigated?
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Did
the accident involve a fall?
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Did
the accident involve an electrical, heating, or other mechanical
defect?
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Was
the accident caused by poor design, construction or maintenance?
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Was
the accident caused by improper security or emergency response?
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Did
the injury involve criminal conduct?
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Did
the accident involve employee misconduct?
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Did
the injured person give a statement or sign any documents?
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Do
you know the names, addresses, and telephone numbers of all
witnesses?
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Did
the injury or illness involve poor sanitation?
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Did
the injury involve a fixture or product?
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Did
the injury involve a hazardous or toxic substance?
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Was
proper first aid available? Was there a proper emergency response?
It
is important that an experienced legal team evaluate your accident.
Complex legal, factual, and evidentiary issues may be involved. If
you, a friend, or a loved have sustained an injury, you should take
immediate steps to protect your or their interest. Do not compromise
your rights by making statements to the press, insurance
investigators, potential defendants, their representatives, and do
not sign anything. Consider the suggestions in our accident guide,
and call us immediately. We are here to help. At Larry King, P.C., we
recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100
seven days a week, 24 hours a day, everyday of the year. We also
offer a free legal-infoline service, and you can now contact us on
this web site by using the following Personal Injury Contact form. We are
committed to doing the extra things it takes to help our clients.
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