A Liability Lawyer at Rubinton || Simms, P.A. Discusses How We Can Help
Property Insurance carriers are often blamed for a variety of legal issues. Some of the more common legal claims brought against the insurance carriers include the following.
Slip and Fall Accidents
Slip and fall accidents are based on the area of law referred to as “premises liability.” Premises liability claims revolve around accidents caused by unsafe conditions on another person’s property. Premises liability is a type of personal injury claim.
In most states, successfully proving a slip and fall claim requires an alleged victim to establish that:
- The property owner/manager owed a duty of care to keep the property in a reasonably safe condition
- The property owner/manager breached that duty of care
- The breach was the cause of the accident on the premises
- The injuries suffered by the victim were the result of that accident
Motor Vehicle Accidents
Car, truck, and even motorcycle accidents are other types of personal injury claims. But, again, the alleged victim must show the same elements, with the duty of care being a duty to drive reasonably safely.
The primary elements needed to prove arson are evidence of a burning and proof that a criminal act caused the fire. The alleged perpetrator must intend to burn a building, house, or other structure. Some states set out the specific elements for arson in statutory form. Absent such a statute, the act must be malevolent rather than accidental.
However, the required malice does not mean “ill will.” Shockingly reckless or intentional conduct is enough to constitute malice. As is the case with most crimes, the motive is not a required element of arson. Absent statutory law extending the crime to other property, only a house used as a residence, or buildings immediately surrounding it, can be the subject of arson.
Vandalism is a far-reaching crime that’s used to describe any number of behaviors. Typically, it includes any willful conduct aimed at defacing, altering, or destroying property belonging to another. Some of the more common types of vandalism include:
- Breaking someone’s windows
- Slashing someone’s tires
- Defacing public property with graffiti
- Defacing park benches
- Damaging street signs
- Throwing eggs at someone’s building, house, or car
- Keying someone’s car
The elements of theft change from state to state. Nonetheless, theft can be defined generally as intentionally removing or taking control or possession of someone else’s property without their consent or even compensation. Theft is categorized in several different ways, and the type of theft is often defined by what or how the property was taken.
“Property” can be defined broadly under the law, and it can include moveable property as well as immovable property, and tangible as well as intangible property (such as copyright). Note that theft, like many unlawful acts, is punishable in both civil and criminal cases.
A Liability Attorney at Rubinton || Simms, P.A. Can Help You With Liability Issues of All Kinds
Claimants may accuse property insurance carriers of claims for liability in all manner of accidents. Claimants have been programmed to believe that even fair and reasonable property carriers are out to take advantage of them.
Rubinton || Simms, P.A. can help insurance companies with all manner of insurance claims and work hand-in-hand with insurance carriers to prevent fraud and abuse. If your insurance company faces claims for accident liability, contact Rubinton || Simms, P.A. We offer house calls, in-house private investigators, 24/7 phone service, 12-hour turnaround time, after-hours scheduling, and proprietary technology. We have received numerous accolades and awards, as well as extensive media coverage.