Mind Your Own Business
July, 2019 - Issue #178
How Negligent Security can Impact your Claim
Negligent security, sometimes referred to as "inadequate security," is an issue of premises liability. Property or premises owners are responsible for what takes place on their property.

Some examples of premises owners that are responsible for the well-being of visitors on their property include landlords, recreational facility owners, operators of nursing homes and building managers. If you or someone you love has recently become the victim of criminal activity, this may actually prove to be an issue of negligent security.

For example, if an apartment renter was injured by a defect in their apartment, not only may the landlord be held liable, but in some cases the individuals responsible for the maintenance and care of those units may also be held responsible.

Since negligent security is an issue of premises liability, it is important to understand the framework for a successful premises liability claim. In order to file this type of case, you must be taking action against the correct individual or business. If the entity you are attempting to take action against does not actually own or operate the property, then the claim is not valid.

Secondly, the person injured on the property must have actually been allowed to be on the premises at the time the incident occurred. So if someone was trespassing on a property and then was injured, they would likely not be able to file a legitimate claim against the owner of the premises. In some cases, these claims may still be valid if there was not adequate posting that the property was to be trespassed on.

The third and arguably the most important aspect to any negligent security claim is proving negligence. Just because a person was injured while on someone else's property does not mean that they are automatically able to take action against the premises owner.

Take the following example into consideration. Say the owner of a building was notified of a severe crack in the pavement leading up to their building. If they took the necessary actions to begin the repair in a timely manner, then ensuing injuries involving the cracked pavement may not be valid, since the business owner was doing everything possible to remediate the damage.
The Law Offices of Gerald L. Marcus 800-905-8777

courtesy of Valencia Acura
courtesy of Valencia Acura

Acura Certified Pre-Owned Program Among the Best in Luxury
Acura has been recognized by Autotrader as having one of the best Certified Pre-Owned (CPO) Programs among luxury automakers in 2019. Acura's CPO program made Autotrader's 10 Best Luxury CPO list for the third consecutive time and has again been touted for its seven-year/100,000-mile powertrain and additional one-year/12,000-mile bumper-to-bumper limited warranty coverage, as well as for warranty transferability to future owners and no deductible. An Acura Certified Pre-Owned Vehicle is as close to a new car as possible, complete with benefits such as warranty, roadside assistance and concierge services to name a few. Each vehicle is reconditioned inside and out to create a certified luxury ownership experience. These elite vehicles must also pass a comprehensive 182-point vehicle inspection and a Vehicle History Report review. Virtually every mechanical system - from the engine to the door locks - is checked and serviced to meet precise specifications and a thorough appearance inspection scrutinizes fit and finish to ensure the vehicle upholds the luxury and sophistication of the Acura name. Upcoming services are identified and performed during inspection and new floor mats installed. If you think an Acura Certified Pre-Owned vehicle might be right for you, visit Valencia Acura's showroom or website for a complete inventory.
Valencia Acura 255-3000

You should Know!
What's a Conservatorship?

A conservatorship is where someone else is given the legal right and obligation to oversee someone's personal care and finances. Typically, a conservatorship is required when someone is unable to lawfully sign any legal documents, such as a power of attorney, to empower someone to act as their financial or healthcare agent.

Because a conservatorship requires removal of these rights from the conservatee, it can only be ordered by a judge. To start the conservator process, a petition is filed with the court requesting appointment of a conservator. In the petition, the petitioner provides the reasons for the request and nominates someone to act as conservator, typically themselves.

During the conservator process, the court appoints an investigator who will examine the claims of the petitioner, examine the conservatee's medical records and may even speak with the conservatee themselves. It should be noted that while the medical professional may view an individual as incapacitated and incapable of taking care of themselves, the legal definitions that are applied may differ enough that the medical and legal conclusions are inconsistent. Once the investigation is completed, the investigator provides findings and recommendations to the court.

If a conservatorship is granted, then the named conservator will have the duty and obligations to care for the conservatee from that date forward. This might include managing their person - where they live, what they eat, providing healthcare and more - and their finances, like managing all income and assets, paying expenses and liquidating assets to pay for care. The conservator will also need to provide regular accountings to the court about conservatorship activities.
Attorney Michael Yeager 471-2177
courtesy of Shutterstock
courtesy of Shutterstock

Is your Home-based Biz Adequately Covered?
More than half of America's businesses are home-based, according to the US Small Business Administration. But setting up headquarters in your home doesn't mean your homeowners insurance will adequately protect your operation, since a typical homeowner's policy provides about $2,500 in coverage. For most, that won't offer enough protection for inventory lost data or income impacts.

You might consider adding a homeowners policy endorsement to your existing coverage if you:

Plan to have less than $4,999 worth of business property kept at your home-based business location

Don't invite customers to your home-based business location
Only have $750 worth of personal property intended for business use outside your home

An in-home business policy provides more comprehensive coverage for business equipment and liability than a homeowners policy endorsement. These policies, which may also be called in-home business endorsements, vary significantly depending on the insurer.

While your homeowners insurance policy might come with liability protection for certain incidents that happen inside your home, it does not extend to home-based, business-related activities. For example, if a customer comes to your home to exchange payment for goods or services and suffers an injury, there may not be coverage under your homeowners policy. Coverage gaps can easily be fixed with a business insurance policy.

You might consider a business insurance policy if you:
Provide services directly to customers while in your home, such as tax preparation or hair services, which may require additional specialized liability coverage

Plan to have $5,000 or more worth of business property kept at your home-based business location

Rely on the income from your business to support your household

Not sure if you're fully protected? Reach out to a trusted local insurance provider for more details.
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