Who is Mainly Responsible During Premise Liability?

 

One of the most common and popular areas in which personal injury law comes into play in today’s world, is the world of premise liability – something many of us might not yet be aware of. In essence, property owners, or simply non-owner residents, will have a responsibility to maintain a relatively safe environment for their tenants so that individuals who might come on the property have little to no chance of suffering from some type of dangerous injury issues. Again, according to Mr. Charles Spinner, Esq. considered to be the best injury lawyer Tampa has to offer, this level of responsibility is known directly as premise liability – which holds property owners and residents liable for accidents and certain types of injuries that might occur on their own property. The types of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride. For instance, according to the best injury lawyer Tampa has in practice, Mr. Spinner, this is similar to a courier delivering a package, and a situation where he may sue you for injuries if he slips and falls on an oil slick in the driveway although if the courier acted in an unsafe way, he or she may not have a valid claim. Moving forward we will be able to better help you to understand and determine how liability is understood with an injured person on another individual’s property. We can further examine how liability might be determined depending on the following:

· The legal status of the visitor.

· The condition of the property and the actions of both the owner and visitor.

· If the person injured is a trespasser a child.

· When both the owner and the visitor is held at fault for the condition of the property itself.

· Special rules for landlords.

Its important for us to be aware that liability is determined by the laws and procedures of the state I which the injury itself has occurred. In some states, the court will focus on the status of the injured visitor in determining where the liability might actually fall. In other states, the focus might also be on the condition of the property and the activities of both the owner and visitor. According to Mr. Spinner, the best injury lawyer Sarasota has to offer, It’s also important to remember that the person occupying a property, such as an apartment tenant, is treated in the same many as a landowner in many of the situations.

One of the most important things an individual must be able to focus on is the legal status of a visitor to their property. Generally, according to Mr. Spinner, considered to be the best injury lawyer Tampa has to offer, there are four specific labels that might apply here: invitee, social guest, licensee, or trespasser.

· Invitee: This is someone who is invited onto the property that is owned by someone else, this invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of those on the premises.

· Licensee: A Licensee enters the property for their own purposes, or as a guest, and is present at the consent of the owner.

· Social Guest: A welcome visitor to the property.

· Trespasser: Enters without any right whatsoever to do so. According to Mr. Spinner, the best injury lawyer Sarasota has in practice, in the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property.

In certain areas where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This standard requires the exercise of reasonable levels of care for the safety of any visitor, aside from those who are considered to be trespassing. As per the best injury lawyer Sarasota has practicing, Mr. Charles Spinner, determining whether the standards of reasonableness required by an owner towards licensees (in some areas this includes invitees as well), has been met requires an examination of numerous factors including:

· Circumstances under which the visitor entered the property

· How the property is being used.

· Foresee ability of the accident or injury that occurred; and

· Reasonableness of the owner/possessor’s effort to repair a dangerous condition or warn visitors of the dangerous condition.

For more information on handling trespassers, as well as the rights of any individual on your property, be sure to contact Spinner Law Firm today.

Elderly Abuse & Statutory Protection

The elderly are a wise, important segment of society, as they have not only been around for generation before we have – but they have brought along the knowledge, experience and a vast array of wisdom that comes with having lived through some of the most historical times in the last few decades. And while of course the elderly, as with people from every generation, are not without their faults, one of the biggest issues effecting the elderly these days however, is the fact that any older men and women are being abused and treated quite poorly by this generation’s youth. Unfortunately, it doesn’t just stop with mental abuse or being made fun of, as they are also being physically assaulted, neglected, exploited and are often the victim of criminal activities – whether it might be again, an assault, or some type of a robbery. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime.As the best injury lawyer Tampa has to offer, Mr. Spinner truly has insight into such abuse cases, having helped clients suffering from a host of different abuses to win the monetary compensation they deserve. He can help you to better understand the abuses that are befallen the elderly in recent years and what is being done about them, be sure to read on below.

Adult Protective Services

You must understand, life is like a cycle – we start off as babies, soft and quite fragile – slowly developing our bodies, minds and growing larger, tougher, and more resilient by the day, until we reach our peak of adulthood. During this time, we are in our prime, in nearly all facets, our minds and bodies were never stronger and are still able to improve. Then, we begin to age and father time catches up with us and we get older and more fragile. This is often when individuals will feel they can take advantage of the elderly and force them into compromising situations they would not want to be in. According to Mr, Spinner, the best injury lawyer Tampa has in practice, typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state’s adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. Being the best injury lawyer Sarasota and their large elderly population trusts means a lot to Mr. Spinner and his team, as nursing home abuse claims are definitely on the rise. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. These processes are valuable during the process of a nursing home abuse claim or elderly abuse otherwise – as the best injury lawyer Sarasota has to offer, Mr. Spinner can use these databases to link cases together and often this information will help him to expose the abuses of a nursing home in particular. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting.

Civil Actions Based on Statutes

Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse or neglect. Additionally, according to Mr. Spinner the best injury lawyer Tampa has to offer, some states have special statutory rights of action for the violation of the rights of residents of long-term care facilities. Generally, the statutory rights of long-term care facility residents include the right to be free from abuse and neglect, or the right to a safe environment. According to Mr. Spinner, the best injury lawyer Sarasota has to offer, to qualify for Medicaid funds, long-term care facilities that qualify as “skilled nursing facilities” must meet certain federal, statutory and regulatory requirements. Most nursing homes today fall in this category and, therefore, must meet federal standards. One federal requirement is that such facilities comply with a “Residents Bill of Rights,” which provides that residents have the right to be free from verbal, sexual, physical and mental abuse, corporal punishment and involuntary seclusion.These are instances that injustice such as this simply cannot stand for our elderly men and women – for more information on all there is to know about Nursing home abuse claims and elderly abuse overall, be sure to contact Mr. Spinner today.

Have Fireworks Laws Become More Lax?

With the 4th of July coming up in only a few more days, it has got many children and adults across the state, as well as the better part of the country itself, are all buzzing with excitement. And why wouldn’t they be? the fourth of July has long since been a favorite holiday amongst Americans, as despite certain variations and misconceptions about the true dates and historical facts, the fourth of July is a time in which Americans all over are celebrating their independence and the moment that led to the US becoming the greatest and most free country in the entire world. And while the fourth of July itself is about freedom and independence, to most of us the idea of freedom is the furthest things on our minds and its mostly just about what kinda hot dogs and hamburgers are we putting on the grill. And are we staying in? or heading out to watch the fireworks by the water or something. These are important decisions many Floridians have had to make for years on end, and while you can always count on that uncle or the guy who owns all the pit bulls down the block to have the fireworks “hookup” – as the best injury lawyer Tampa Bay’s Charles Spinner, and his team believe that while fireworks laws haven’t become any more lax, but their enforcement has become far more lax than ever before. As we are starting to see them everywhere, and with people who don’t look like they’ve shopped anywhere but CVS for the last twenty-plus years!

And sure, the days before the fourth of July were always marked as the days to kinda show off your arsenal and to give the neighborhood a sneak peak of what’s in store for the big night. But this year its everybody and their dear old mother who are shooting off bottle rockets, star-climbers and much more! It can get kinds confusing seeing all these fireworks, and wondering that maybe throughout all the hoopla of the last year’s crazy news cycles maybe fireworks became legal? However, according to Mr., Spinner the best personal injury attorney Tampa has to offer, fireworks regulations for private use have been relaxed in many states and localities over the last two decades. While exact regulations may vary on which varieties consumers can purchase and use, the trend in less-restrictive firework laws has been accompanied by a slight increase in firework-related injuries over the same period. In addition, as per Mr. Spinner, the best personal injury attorney Tampa has in practice, in 2015 many states permitted the use of sparklers and other small handheld pyrotechnics in some counties, relaxing their universal ban on consumer fireworks.

Over the next few years, the Tri-State area also revised its fireworks regulations to permit more private purchase and use, though individual counties and cities still may have bans in place.Due to fire concerns, many cities and counties in California retain complete bans on firework use and purchase by private citizens, but state laws permit “safe and sane” firework use in certain localities. Fireworks considered “safe and sane” generally do not fly or explode. According to Mr. Spinner, the best personal injury attorney Tampa has to offer, there is now only one state, Massachusetts, that retains a blanket statewide ban on fireworks save for professional use. If you are unsure whether fireworks are legal where you live and what types you can use, you can check the laws of your county and city for further guidance.

Its also quite important to realize that the fines for illegal fireworks can be quite steep, and can in many instances, include jail time. Besides legal punishments, injuries can occur quite easily as well for handling fireworks without experience, or if you have even the slightest slip of your fingers. Also, when it comes to the laws in Florida, you would think that they’re fairly lax on such things, as Florida is generally not the state to restrict things like this, especially when it for a show of patriotism to the country. However, according to the best injury lawyer Tampa has to offer, Mr. Spinner, under Florida law, only sparklers, approved by the Florida Division of State Fire Marshal, are legal for consumer usage. It is illegal to use exploding and/or flying fireworks in Florida, which include: shells and mortars, multiple tube devices, Roman candles, rockets and firecrackers. One of the biggest things that you absolutely must avoid is crossing state lines, especially into certain states that are tougher on fireworks like Florida. According to the best injury lawyer Tampa Bay’s own Mr. Charles Spinner, illegally transporting fireworks can be a huge issue, and while there are certain ways out of it, it is far better not to test them. For more information on all there is to know about fireworks, personal injury law and more, be sure to contact Spinner Law Firm and make sure to be safe this Independence Day!

Nursing Home Abuse is a Lot More Common Than You Think!

Making the decision to place an elderly loved one in a nursing home or retirement community is never going to be an easy choice. however, in some cases, it simply might be the best and possibly even your only choice for them. Whether it might be an aunt or uncle, mother or father, or even a grandparent – growing up they might be a hero to us, just always there to save the day in one way or another. However, one of the realest truths about life is that father time is always undefeated, and there’s no chance of you beating him – no matter how hard you might try! And when we come to understand this fact, it becomes a lot easier to accept that that loved one, who might have been our biggest hero, is now someone who may need assistance and can no longer live on their own. Its imply a part of life – and while we might not be in a position to care for them, there are a number of well-equipped nursing homes across the country that will not only give them the medical care they might need, but also provide them with the comradery that we simply won’t be able to as busy family members with our own kids, careers, and homes to run.

And while these nursing facilities are known to offer a fairly good service, while some might certainly be a bit more high-class than others, the fact is that they all will usually offer a service and support system, to where you wouldn’t have any problem leaving your loved ones in their care. However, in some instances, things may not always be what they seem. Over the years, despite still being fairly rare, we have heard more and more cases of elderly abuse at nursing homes. A place that you confidently paid money, to care for, feed, shelter, and provide medication and take care of their hygiene, is now in one way or another, abusing your loved one. According to Mr. Charles Spinner, Esq. the best personal injury lawyer Tampa has to offer, situations such as this, despite being terribly scary and uncommon, are actually on the rise – as more and more families than ever before are suing for some form of nursing home abuse. Therefore, you can only imagine the horror on the family’s faces when they realized that three employees at a North Carolina assisted living facility were arrested recently for organizing a fight club among elderly residents with dementia. Absolutely one of the craziest things I have ever heard – and something that has got to be terrifying to anyone with an elderly loved one in a nursing home.

The three workers were caught about a year ago, after police received an anonymous tip as to their actions. And what these police officers uncovered was absolutely shocking and much worse than what even the tipster believed was happening. Apparently, the employees were encouraging residents to fight, videotaping the assaults, and sharing the videos on social media.One of the residents was punched in the face and choked during one of the fights.And that’s not where it ends, there were also some charges of pure negligence as well – upon further investigation into the facility, it was uncovered that there was a failure to distribute medication, review medical records, and properly train the staff. The facility has been prohibited from admitting new residents since August.

The problems within these nursing homes are often a combination of bored staff members, without any training, resorting to full on elder abuse to pass the time. Especially for these individuals, to mostly be quite young, as young as their late teens and early 20’s, to be treating the oldest, and most defenseless members of our society like this is absolutely despicable. According to Mr. Spinner, the best personal injury lawyer Tampa has practicing, the trio will be charged criminally and they, along with the nursing home that allowed such behavior from their staff members, will likely be sued in civil court as well. The fact is that many individuals were wrongfully damaged at the hands of individuals in some cases, nearly 1/5th their age. And despite clear and present signs as to something being wrong, and not taking the time to train their already young, and inexperienced staff truly shows a tremendous amount of negligence on the part of the nursing home management as well as the ownership. The thing is that, while its still definitely rare, nursing home abuse is far more common than one might think, therefore according to Mr. Spinner, the best personal injury lawyer Tampa has in practice, it is vital for you to be aware of the signs – and definitely call and visit as much as you can. Some of those signs of abuse and neglect include:

· Bruising, cuts, burn marks, or other wounds

· Poor hygiene

· Weight loss

· Malnutrition and dehydration

· Confusion and disorientation

· Depression, withdrawal, and a reluctance to interact with people.

Definitely be on the lookout for these all too common signs of nursing home abuse. For more information on such issues or to schedule your own personal injury consult, be sure to contact Spinner Law Firm today.

Falling Tree Kills 11-Year-Old Girl Scout: Who’s At Fault?

 

Around this time last year, Indiana’s Camp Henry Koch, was the scene of one of the most tragic accidents in the state’s history – involving a girl scout troop taking an innocent walk through their new campground. Pronounced dead upon arrival at the local hospital emergency room, an 11-year-old girl scout suffered from fatal injuries to both her head and abdominal area – as a result of being struck down by a falling tree in the path. The Sheriff of Perry County, Alan Malone was choked up, fighting back tears as he gave a press conference to the local media, informing them about the young girl’s passing. The popular hiking and camping site, Camp Koch, covers approximately 500 acres of rugged woodland in the hills along the Ohio River. It is a resident camp facility maintained and protected year-round by a resident ranger. Although the area had experienced frequent rainfall in recent weeks and it was raining when local deputies arrived at the scene, no severe weather or lightning reported in the vicinity at the time. Sheriff Malone said he couldn’t be sure why the 40-foot tree fell when it did.

The young girl in her troop wasn’t the only girl in her troop, as another 10-year-old was treated at the hospital for a hand injury, and two older women, 50 and 55 years old, suffered serious injuries but are now in stable condition. According to Mr. Charles Spinner,Esq. of Spinner Law Firm, considered by many to be the best wrongful death lawyer Tampa has to offer, its nearly impossible to tell why the tree fell when it did, but in the event it showed evidence of rot, or any type of trunk damage, there might be some negligence on the part of the parks department. However, to understand that will certainly take a detailed investigation – one which is somewhat underway.

During such a tragedy, the first thing most people want to do is just to mourn in peace and avoid thinking about the legality of it all and if there was any negligence that took part – however, this is why it is important to acquire the services of the best personal injury layer Tampa has to offer, in Mr. Charles Spinner. The fact is that we live in modern times, where justice usually comes through a lawsuit in front of a judge and a jury. And while there is no bringing the young girl back, there is the prospect of obtaining justice and damages in her name and honor. As a wrongful death lawyer Tampa Bays’ Charles Spinner must figure out where any aspects of negligence might be.

For instance, under the legal theory of premises liability, entities that invite others onto their property or offers a service for money – like parks that offer campsites – can be held responsible for injuries that happen on the property. Therefore, they may be required to check for unseen risks, such as trees that may fall, and take steps to cut unstable trees down before they accidentally fall on an unsuspecting camper. As the best personal injury lawyer Tampa has in practice, Mr. Spinner, would most likely look into the budgeting for such an area, and see which city, county or municipality the campgrounds fall under. Once he is able to determine this, he can then identify what their budget might have been for common forestry tasks such as tree trimming, and cutting.

All too often, smaller areas such as this will cut their budget for such tasks in an effort to save money – this means less people working in the forest and looking out for rotten trees, that may be at risk of falling over on an individual during a camping trip – as happened here. As far as any wrongful death lawyer Tampa Bay’s Charles Spinner is considered to be one of the best, and with years of experience he would be able to quickly identify the problem and where the negligence can be found. In such an instance, while some might think to file suit against the girl scout troop leader or other adults that might have been there, the fact is that they were susceptible to the same dangers. In reality, the real point of negligence here lies with the entire Perry County government, as they were responsible for keeping the area safe, and part of the duties of their parks department means trimming and cutting down trees that might present a danger, something they clearly failed to do. If you find yourself or your loved ones in a case similar to this, don’t waste a moment of time, be sure to contact the best personal injury lawyer Tampa has to offer, in Mr. Charles Spinner and his team at Spinner Law Firm today.