Public accountability is part of the law of tort which focuses on torts. The plaintiff (the injured party) usually continued the defendant (the owner or occupier) under common law based on negligence and / or damages. Claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care.
The duty of care is very complex, but in basic terms, it is the standard by which one might expect to be treated while you are in the care of another.
Once a breach of a duty of care was established, an action in a court of law would probably be successful. Based on the injuries and losses of the applicant the Court would award financial compensation.
Public Liability Insurance – Asia
In Asia, the law has not developed to the same extent, although the law recognizes negligence. Most professionals [who?] Predicts that development takes place quickly and in the next 10 years.
The law of insurance and public liability
As part of asset management, you are obliged to comply with the laws and statutes administered by government agencies and municipal governments.These bodies impose various obligations that the owner / manager must be aware of.
The most common examples are the responsibility of law in areas where you are required by law to purchase insurance, for example, workers’ compensation and motor vehicle compulsory third party liability.
Property managers, hotel operations and should become familiar with different types of contracts involved in commercial activities and retail. They cover a wide field, but the most significant contracts are:
the lease or management agreements
rental and leasing occasional
contracts with independent contractors for cleaning, lift maintenance and indexing, air conditioning maintenance and protection against fire, etc.
The major responsibility in terms of insurance contract is probably found in the head lease and management agreements. These require the manager or tenant to fully maintain, repair and replace the property, if damaged, until the expiration of the agreement or lease.
In addition, the contracts usually require compensation to the owner against liabilities imposed on him for injuries and property damage resulting from the use, occupancy or property management.
Each contract contains clauses imposing responsibilities on either party. These should be carefully reviewed to ensure they are not too expensive
Public Liability Insurance – Degrees of due diligence
Owner / occupiers are required to provide a certain level of care. The duty of care is not the same for everyone. It depends on a number of issues. To help establish the duty of care required, it is clearer to divide into groups the individuals who are your local and why. If we take the example of a large shopping complex following groups of individuals would attract different levels of care.
Public Liability Insurance – Guests
These are people who, through some form you invited to your yard. This invitation may be through marketing and advertising, or it can be implied simply because you are a business complex or hotel. The highest duty of care to guests who, in the case of shopping centers and hotels are mainly customers, contractors and subcontractors. They are there because of the invitation you give them. The duty of care to them is relatively simple.
You must take reasonable precautions to ensure that the premises are reasonably safe. They in turn must take reasonable care for their own safety.
However, if a guest spends money for a service, ie, made a contract with you, your duty of care is increased. An example of this could be a game room where the guest pays for a ride on a motorcycle game. If after this game the guest is electrocuted, you failed in your duty of care and will undoubtedly be held responsible.
Without trying to complicate this issue, the provider of the game will also be responsible and the applicant may be advised to continue this provider. Certainly, if the victim chooses to sue you then you definitely have an action against the supplier game. It would also be expected that civil charges be brought against the supplier game.
Public Liability Insurance – Licensees
These are people who enter the premises with the consent of the occupant, but, contrary asked, do so without any economic benefit to the occupier. They come hoping to do business with you or your tenants and include people such as salesmen, commercial travelers, etc. The duty of care owed to licensees are not as extreme as in the case of guests .
Public Liability Insurance – Trespassers
These are classified as people who are trespassing without permission. The degree of care to trespassers, although slight, are nevertheless particularly in situations where a hazard is created deliberately or where children are involved.An example would be where the son alive were left exposed after the center had closed. While some children entered the premises for any reason, despite this reason, if they were injured you would be responsible.
Public Liability Insurance – Types of claims
The most common types of claims fall into a few categories:
slips, trips and falls, they represent the majority of claims;
stress and anxiety due to hold ups, elevator malfunction, etc., and
falling objects, ie the collision or struck by
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