Victims Should Review Their Legal Rights
As the city of Los Angeles begins the rebuilding process after the violence of last week, it might be useful to review some of the basic legal rights and obligations that may help people directly affected.
During the several days of rioting and destruction, property was destroyed and stolen, employees lost jobs or sources of income, homes and apartments were made uninhabitable and businesses were shut down. And whether you lost a place to live, a place to work or the inventory in your business, you must take appropriate, prudent steps to preserve your rights in any subsequent disputes.
Here are some things to keep in mind:
* Insurance. If you lost goods or personal property, whether it is a car destroyed by fire or appliances in an electronic shop, you should make the specific claims to your insurance company. Insurance companies that serve the area are making adjusters available, but it’s also not a bad idea to make your claim in writing. Review your insurance policy to make sure you understand specific requirements. If you purchased insurance through an agent or broker, ask for help.
If you own a business affected by the violence, you may have lost more than the value of merchandise lost. You are losing a source of income, the profits you would be making if your business continued to operate. Some insurance policies cover that kind of loss.
In any event, make a good record of your loss. Take pictures of the premises in their present condition and preserve any documentary evidence that will describe the extent of your loss.
* Tenants and landlords. If you have a written lease, read it. Pay particular attention to any provision called force majeure. That is a legal term of art that refers to the responsibilities of the parties when a so-called “act of God” intervenes and makes performance of the obligations impossible. It may tell you whether a tenant’s obligation to pay rent stops when the premises become uninhabitable. Of course, no matter what the lease says, it may be wise to negotiate an equitable arrangement given your particular circumstances.
* Pre-existing obligations. The obligation of a shopkeeper to pay a supplier for goods ordered and received does not disappear simply because the goods were destroyed. Insurance may cover all or part of the loss, but insurance proceeds may not be paid in time for you to meet your obligations. Negotiations with your supplier will be critical. Explain the circumstances and try to establish a reasonable payment plan that will allow you to continue receiving the goods that you need to run your business.
* Personal injury. If you were injured, you have a civil claim against anyone who intentionally or negligently caused the injury. But if you do not know who caused the injury, and that is probably the rule rather than the exception, collecting personal injury damages will be all but impossible. For those who have it, medical insurance should pay for health care. Daniel Freeman hospital has established a fund to help pay for medical care for uninsured people injured in the violence.
* Income tax. Casualty loss not covered by insurance may give rise to a deduction on your next income tax return. The rules are a bit complicated, so for the present, just keep a good record of your loss. Consider the income tax consequences before you file your income tax return for 1992.
* Getting help. The Times and other media have provided extensive lists of organizations that are providing help in one form or another. You can consult local legal aid offices and local bar associations for specific legal advice.
All in all, these admittedly basic tips will not do much to heal the terrible wounds that were inflicted on thousands of Angelenos in the last eight days. Asserting your legal rights may seem inconsequential when compared to the immediate needs of medical care, a place to live, or food to feed your family. But it does make good sense to be prepared, to know your rights and to assert them judiciously so that you are not taken advantage of in this difficult time.
Klein is an attorney and president of The Times Valley and Ventura County editions. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. , Chatsworth, Calif. 91311.
