Uncertain Ground: Who is responsible for that hole in the yard?

One of the most frequent ways, we see people get hurt is imply by falling down.  Of course, people fall for all sorts of reasons.  Usually, though it is easy to tell that someone is responsible for that fall by having an unmarked step, a leaking refrigeration unit, or maybe some leftover floor cleaner.  However, we often get questions from people wondering about falls that occur on the lawn of a home or business.  People just aren’t sure if uneven grass, animal holes, ditches or other problems with a yard fall under the same rules as other hazards.  In particular though, a business can still be held responsible to its customers for fall that occurs in and around the outside of the property due to uneven terrain, rough earth, and other pitfalls. 

For example, a 1991 case provides a good example of how an un-mowed lawn can be a problem.  In Lawless v. Sasnett, a person was injured when the tripped in a hole of the business’ yard.  The person had no idea a hole was even there because the grass hadn’t been cut often enough.  As a result, it had grown up and covered the hole hiding it from people walking through the yard.  In that case, the Court decided that questions like whether the business should cut its grass more often or whether the injured person should have exercised more case, were for a jury to decide.

The positive news from that case is that the Court acknowledged that a person could recover even for dangers which a business just allowed to happen by not taking care of their yard.  Unfortunately, more recent cases have really pushed the burden onto the injured person to demonstrate why they could not discover the hole in the yard and to show that business or property owner could/should have discovered it.  In this sense, the Courts have basically treated these types of falls the same as others by applying the same standards of the defendant having “superior” knowledge of a dangerous condition than the injured person.

In other words, whether a property owner is responsible for that hole in the yard depends on the answer to a lot of questions like:

How long has it been there?

What made it?

How big is it?

How often does someone inspect the property?

How often is the grass cut?

How easy could the owner find the problem?

Has anyone else fallen?

Ultimately, it is important to know that there is a way for the law to hold accountable those property owners who allows people to get hurt even by natural aspects of their land.  Just because your fall is caused by uneven ground or overgrown grass, doesn’t mean the property owner isn’t responsible.  After you’ve been hurt, always make sure to immediately report your fall to the property owner.  Get pictures of the area you fell in if possible to capture what it looked like right at the time you fell.  And always consult with a lawyer to determine if something can be done to help you recover for your injuries.

“Like a Bad Neighbor, that You should Beware”: Despite receiving premiums, State Farm avoids covering its insured’s injury based on policy technicality.

            Never underestimate the importance of time in your personal injury claim.  We are reminded of this daily in our practice by observing the behaviors of insurance companies who never stop fighting to avoid paying legitimate claims for injured people.  In the latest instance, State Farm was able to prevent itself from being responsible to its own insured for injuries sustained in a wreck on September 15, 2006.  Throughout this article bear in mind: State Farm fought for a only nine days short of five years and spent thousands of dollars until a final decision on September 6, 2011, when it was ultimately determined that the company could avoid covering its own insured’s injury.  The clear reason is that by securing a denial of coverage in this case, the company will likely earn its executives profits for years to come.

            The recent case is Lankford v. State Farm Mut. Auto. Ins. Co.  The general facts are that Mr. Lankford was injured in a wreck while in his employer’s truck.  The other driver possessed liability insurance coverage with State Farm, the same company as Mr. Lankford’s underinsured motorist coverage.  Only three days after the wreck, Mr. Lankford received a letter from State Farm seeking information on his “recent wreck” referencing the other driver’s policy.  Third parties also contacted State Farm via letter expressing subrogation interests.  In February, State Farm issued payment for property damage to Mr. Lankford’s employer.  Meanwhile, Mr. Lankford saw doctors, treated for his injuries, and in July 2007, Mr. Langford underwent a lumbar fusion surgery.  As a result, his attorney requested the policy limits information on the defendant’s State Farm coverage.  That September, Mr. Langford discussed his injuries and claims with his own State Farm agent.  On September 5, 2008, a lawsuit was properly filed on Mr. Lankford’s behalf, of which State Farm received a copy via letter mentioning the UM policies and was timely served on September 8. 

            Just to be clear, the simple facts are that 1) a man was injured in a wreck, 2) his insurance company sent him a letter three days later, 3) others wrote his insurance company about the wreck, 4) he had back surgery, 5) he wrote his insurance company about his wreck, 6) he spoke with his own insurance agent about his wreck/injury/claim, and 7) his insurance company was served with a lawsuit arising out of that wreck and injury.  All of this occurred within the statute of limitations which Georgia law provides for filing a lawsuit.  Now wrap your head around the fact that the injured man’s insurance company asserted a defense that it “wasn’t notified of the wreck/injury” and won that argument.  Still believe that big business isn’t ruling our courts?

Ultimately, the Georgia Court of Appeals determined that an insured is required to provide its insurer with timely notice of an accident under the insured’s policy, even if the insurer receives prior notice from an unrelated third party.  In other words, YOU or YOUR ATTORNEYS must set up your uninsured or underinsured motorist claim with your insurance company personally and in writing.  Just because they have heard from someone else that you were in a wreck does not mean your claim has been properly reported.  Even worse in that ruling were statements about timely notice to your insurance company.  The Court found that an unreasonable delay could mean that you have no coverage because your insurance company will no longer have to uphold its end of the policy contract covering your injury.  The Court reasoned that your insurance policy is your contract with the company and if you don’t follow its requirements, you lose your claim.

            What does this mean for you???  TIME IS OF THE ESSENCE.  Do not wait to speak to an attorney after your injury happens.  After you are involved in a car wreck, make sure that your attorney knows about all insurance policies on both the car you were riding in and in your household.  It is critical for your attorney to have that information in order to get your claim set up properly and protect you, even from your own insurance company, by preventing them from wiggling out of the policy which you have been paying premiums on every month, sometimes for years.  By knowing your company and policy information, your attorney can make sure that technicalities and policy requirements don’t prevent you from recovering from your loss.  Also, always remember to tell your attorney about any family members, other vehicles, or households which may be connected to you, as additional coverage can often be found there under Georgia law.  Knowing about these policies can make all the difference between either you or a hospital collecting the bulk your settlement proceeds for your injury.

ITS NO SECRET: BIG INSURANCE COMPANIES ARE OUT TO MAKE BIG PROFITS

Trial attorneys like those at the Law Offices of Gary Bruce are no stranger to the tactics and bottom lines of insurance companies.  However, most injured people have never had to deal with an insurance company for anything more than paying their monthly rate.  Fortunately, folks like Anderson Cooper of CNN are trying to educate the general population about the true motives and personalities behind the cute geckos, “good hands”, and sugary sweet sales ladies.  Insurance companies have one thing that drives all those TV ads and that’s profits. 

The way they relentlessly pursue those profits is by forcing the injured to remain suffering, denying their very purpose, and not compensating those who have suffered loss.  The engine by which they accomplish this has a name.  It is “Deny. Delay. Defend.”  This three pronged approach is geared to prevent an injured person from ever getting the help they deserve from an insurance company (while claiming they protect people).  Step one is to deny your claim in hopes that you will simply not pursue it further/not know what to do.  Step two is delay any action until you are willing to accept whatever they will offer due to your immediate need.  Step three is to defend against your claim tooth and nail to make it so burdensome and costly that you will stop pursuing it.

Those tactics are why speaking to a lawyer immediately after you have been injured is so important.  Watch the Youtube links below as Anderson Cooper pulls back the curtain and shows you how an insurance company treats your claim before you have one of the Good Guys on your side.

CNN 360 Auto Insurance Part 1
CNN 360 Auto Insurance Part 2

"Bike Rodeo" Event a Success

The event sponsored this past Saturday by Safe Kids of Columbus, Georgia and the Law Offices of Gary Bruce among others was a huge success.  Hundreds of Columbus families turned out for the bike helmet give away and free fitting event to promote child safety and accident prevention. 

Much of our staff was on hand to help for the event. For example, attorney Mark Jones was at the fitting station busy making sure that each child's helmet was worn correctly to provide maximum protection against accidents and injury.

After several hundred free helmets were passed out to children and fitted, safety personnel spent awhile checking bikes brought by children to make sure they were tuned up and safe.  Riding instructors were even on hand to give safety lessons and riding instructions to both kids and parents alike.  Following the lessons, the crowd stayed around for the pro's to show what not to attempt on your own during the BMX show featuring some high flying stunts.


Overall the event went wonderfully.  For more pictures, check out the local Ledger-Enquirer's site for more coverage of the event here.