“An Act of God”, in legal terms, usually refers to a force of nature, such as a storm, tornado or hurricane, or floods or winds. There seems to be a misconception about acts of God when it comes to personal injury and property damage. Many people assume that an injury or damage that occurs due to an act of God automatically carries no liability. This is just not the case.
In some incidences, while the damages are directly created by an act of God, the underlying cause is negligence. For example, let’s say a house is built with such substandard workmanship that a typical storm causes it to fall apart. Even though the storm is an act of God, the builder may still be held liable if it can be proven that his inferior building practices were also responsible for the damages.
Another tragic example involves an incident at a summer camp on Long Island, New York in 2004. While waiting for a bus to take him home, a 4 year old boy was killed when a branch from a nearby tree fell and struck him on the head. Questions were raised about whether the property owners had properly maintained the grounds, as the branch had fallen from a tree that was decimated and rotted by carpenter ants. Similarly, the recent tragedy where 4 boy scouts were killed in an Iowa tornado raised questions of liability of the adult leaders in charge of the campout, as severe weather alerts had been issued for the area but the adults in charge did not evacuate or leave the camp grounds.
In cases of injury or damage involving acts of God where negligence may be underlying, it’s always a good idea to consult with an accident lawyer who will help you sort through the questions and will explain your rights.
By: Terri Polk
Posts Tagged ‘Accident Lawyer’
Acts of God – Accident Lawyers Can Still Help
January 28th, 2010Accident Lawyers – Who’s to Blame in a Construction Site Injury?
January 9th, 2010
Construction workers are exposed to a variety of hazardous situations and circumstances on a daily basis- giving construction workers a greater risk of injury on the job than any other employee in any other industry in the United States! Because of this, New York State developed a separate set of laws for construction sites and related injuries.
What Are Some Types Of Construction Site Injuries?
There is a seemingly endless list of things that can go wrong on a construction site because by nature, they are a dangerous place to be. Here are a few common injuries:
• Falls
• Scaffolding accidents
• Injuries because of defective machines/equipment
• Electrocution
• Fires and explosions
• Severe cuts
• Welding accidents
This is just a small sampling of the many things that can go wrong on a job site.
So What Happens If I Do Get Injured?
The first thing you need to do is document what happened and the conditions that caused it. In this sense, a construction site injury is much like any other. The better you keep track of the events and how they occurred, the better chance you have of being compensated for your injury. A few things you should take note of are:
• Where the accident occurred
• What was the weather like?
• Were you using any kind of equipment that caused the injury?
• Who was nearby?
• What did they do? What did you do?
• Was there an equipment malfunction?
Write down every aspect of the event. Your Accident Lawyer will need all that information. It will help them build you a stronger case!
The next thing to do is to get a good lawyer. In these cases, you want someone who has experience with accident law, seek a firm who specializes in it and you’ll get better results. Not seeking an experienced lawyer is a serious mistake. You’ve been injured, it’s not your fault, and you need to be compensated. It’s that simple.
Construction site injury lawsuits are not cut and dry- there are a number of people who can be held accountable for your injury. Most people feel that because of worker’s compensation laws you are unable to file a lawsuit. This is partially true. Typically these laws prohibit you from suing your employer, but don’t forget they are not the only ones at fault. Third-party contractors, property owners, and equipment manufacturers can all be held accountable for the injuries you have endured. Workers compensation laws do not prohibit you from recovering losses from these parties.
So How Do I Know Who Is At Fault?
New York State is very protective of construction workers, so in this case, the law is definitely on your side. It is the responsibility of the property owner and general contractor to keep the site safe and to ensure safety for all its workers. In some cases, even the subcontractors are held responsible. If an unsafe environment caused your injury, those are the first people to look at. They can also be held accountable if they provided you with defective or unsafe equipment to work with. In the event you were injured by a malfunctioning tool or piece of equipment, the product manufacturer can also be held responsible.
What to Seek In a Lawyer Specifically
Again, the very best thing is to find a law firm who specializes in personal injuries and who has experience with construction site lawsuits. You will need someone who is familiar with the separate set of laws in place strictly for construction site injuries.
Other Things You Should Know:
• The only way to know if you have a case is to seek advice from a knowledgeable attorney with experience. Don’t just assume you don’t have a case, talk to a lawyer first.
• You can’t know exactly what your case is worth until you talk to a lawyer, however the law allows you to recover your full loses, including lost wages, medical expenses, and pain and suffering.
• Every case is different when it comes to how much time you have to file your claim. This time frame is called the Statute Of Limitations. The sooner you file your claim the better. Don’t delay.
By: Stacey E. Crevoiserat
Five Most Common Mistakes People Make Regarding Accident Lawyers
January 7th, 2010
MISTAKE ONE: Hesitate to call because they don’t think the accident is serious enough. You should call regardless of the magnitude of the accident. It could be something as simple as tripping over a pavement stone or fallen from scaffolding at work. No matter how small you might be entitled to compensation, but unless you call a lawyer you won’t know.
MISTAKE TWO: Hesitate to call because they are partly to blame.
Even if you are partly to blame for the accident, it is advisable to file a claim. You still might be entitled to compensation. .
MISTAKE THREE: Hesitate to call when they’re not sure if anybody is really responsible for the accident.
In some accident cases, such as a drunk driver, its obvious that someone is to blame. But in other cases, the cause may not be so obvious. For example, a work supervisor might have failed to check whether an employee was up to speed on the safety procedures. The supervisor is liable for his negligence. An accident lawyer will be able to help you identify the likely cause of the accident and advice you on how to build a case and get th compensation you deserve.
MISTAKE FOUR: Hesitate to call thinking that it will be expensive.
Well, the first call and first visit is nearly always free! In fact most accident lawyers work on a no-win no-fee basis. That means you will NEVER have to pay anything out of your own pocket to the lawyer. What could be easier?
MISTAKE FIVE: Hesitate to call because there are too many accident attorneys around, and it’s hard to choose.
Of course, some personal accident attorneys are better than others, but remember that you usually don’t have to pay if you don’t win, and if you win the attorney’s fees will come from the settlement, so you have nothing to lose. Call two or three personal accident attorneys and see who sounds the best, and just make a decision based on your personal assessment. Be assertive and forceful with your lawyers – demand satisfaction and clear explanations. If they don’t do a good job tell them and get them to improve, or fire them. It’s that simple.
By: Diana Joseph