Proving negligence?

Question

If person 1 was injured at person 2 business because person 2 didn't follow by building codes and didnt keep the place safe. Person 2 fixed it after person 1 was injured. Later on a few months later person 2 was given a citation by the building code enforcer because he was in violation of the same code and at the exact location of where person 1 was injured. Could this prove negligence of the owner to the insurance co.?

Answer 1

Negligence is a difficult thing especially when your dealing with the "INVITEE" provisions of a business policy.  The codes issue won't make or break negligence.  The business owner has a duty to keep his place in a manner that does not cause injury to anyone coming to his place.  Now, that does not mean the invitee can wrecklessly do as he pleases.  They must act as a reasonable and prudent person.  

Now in regards to your specific question......let me pose this to you.....if you were driving home today (along your normal path) and got pulled over for speeding....does that mean you were speeding last week......no....like on person said, codes change and with each change doesn't mean you have to upgrade.  The only time you have to upgrade is after a loss (structural to building) and that is only when its a certain amount of damage or there is serious saftey concerns regarding the building......in most towns, i would say half of all homes don't meet current codes....to costly to keep updating...I hope this helps.

Answer 2

Legal questions are better answered by lawyers.

Answer 3

OK, let's take this one step at a time.  

You don't have to update each and every building, by law, when the codes get updated.  SO, if person 2 RENTS the building, they're off the hook.  And if it was up to code, as far as they know, when they BOUGHT the building, they are off the hook.  

Next - if person 2 already fixed the problem, and it cropped up again, they aren't being negligent!  They're making an effort to fix the problem!!  

The code violation is NOT "automatic liability" for the injury.