Accident question

Dec 1, 2018

  1. adjusterjack
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    adjusterjack Guru

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    The injured party would also have to prove that the apartment owner/management knew or should have known that the carpet was loose and failed to remedy the defect. Without actual or constructive notice of a defect, there is no negligence involved in the defect's injury to others. Therefore, no recovery.
     
  2. geneseehill
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    geneseehill New Member

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    Those are issues of fact. Duty owed is high in a business invitee situation vs a trespasser. Since stairwells are subject to regular usage the duty to maintain is also high. The typical insurer agreement is that "we will pay all sums owed arising out of the ownership, maintenance or use".

    I'm in agreement, it would be a very difficult recovery in this situation but it is not a complete defense that they did not know of the defect.
     
  3. adjusterjack
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    adjusterjack Guru

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    That implies that the insurance pays for somebody's injury on the steps just because it happened. That's not the case nor is that quoted portion the "typical insurer agreement."

    The Commercial General Liability Coverage Form CG0001 has an Insuring Agreement that starts with the following:

    Emphasis mine.
     
  4. Ron Van D
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    Ron Van D Guru

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