INSPECTION DEMANDSWhat is a Diligent Search. 0000040909 00000 n 0000036523 00000 n The law presumes twenty-four hours is reasonable. /Filter [/FlateDecode ] Ask for all incident reports of slips and falls in that department where your client fell, going back three to five years. If the homeowner does not keep the property in a reasonably safe condition and you are injured, the homeowner is generally liable for damages. 0000039965 00000 n Thus, plaintiffs must make concerted efforts in discovery to obtain inspection logs, sweep sheets, video, policy and procedure manuals, and evidence of mode of operation and past incidents to make the issue of notice actual or constructive clear. 1: That certain real property located at 1898 Anywhere Drive, Palm . California Civil Jury Instructions (CACI) 1001. You already receive all suggested Justia Opinion Summary Newsletters. In Ortega, plaintiff also presented evidence that the supermarket had not inspected the aisle where the patron slipped on the puddle of milk for at least 15 to 30 minutes, and also that the milk could have been on the floor for as long as two hours. Amusement park owners are also responsible for maintaining the property, including the. [Citation. The owner or occupier is under a duty to exercise ordinary care in maintaining the property to avoid exposing you to an unreasonable risk of harm. 5th 590, Delgado v. American Multi-Cinema, Inc. (1999) 72 Cal.App.4th 1403, Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162, Brown v. George Pepperdine Foundation (1943) 23 Cal.2d 256, 260, Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, Annocki v. Peterson Enterprises, LLC (2014) 232 Cal.App.4th 32, Ann M. v. Pacic Plaza Shopping Center (1993) 6 Cal.4th 666, Beauchamp v. Los Gatos Golf Course (1969) 273 Cal.App.2d 20, 25, California Government Code 835 Liability of Public Entities, Repair any potentially dangerous conditions; and/or. 2d Dist. /Names << /Dests 4 0 R>> 434.). Whether you are the plaintiff for the defendant attorney you have the same needs. /Size 35 Moreover, it would not be prudent to hold otherwise. (Moore, supra, 111 Cal.App.4th at p. Assuming you are in state court and not federal court, California Code of Civil Procedure sections 2031.010 et seq. What may be considered a minor defect may depend on the type of defect and injuries.11. DEMAND FOR INSPECTION Demand for Inspection No. Attorneys using our publications in dealing with a specific legal matter should exercise their own independent judgment and research original sources of authority and law. The duty to inspect is continuous, and inspections should be conducted frequently. /H [ 926 273 ] Failure to do this can make the property owner liable for any accidents and injuries. Ward, handles discrimination, harassment, and retaliation cases of all kinds, shapes, and sizes. The plaintiff alleged Wal-Mart should be responsible based on its mode of operation. (Id. xref (Ortega, supra, 26 Cal.4th at p. Part of the duty of a property owner may include providing warnings or barriers to prevent people from walking into dangerous areas. Most attorneys have no real system of developed forms. Home Inspector vs Appraiser Kaplan Real Estate Education. stream Its that fast! However, as soon as Errol leaves, Candice sits on the bench, falls, and breaks her wrist. The property owner must use reasonable care to discover any unsafe conditions. 476.) SEN. 3. Sacramento, CA (916) DISCOVERY Responding to Requests for Production or Inspection This Guide includes instructions and sample forms. California law requires landlords to give the tenant "reasonable notice". Waterparks and Amusement Parks in California can be the source of many types of premises liability lawsuits. Arthur is walking over to the free weights when he trips on a torn piece of carpet and hits his head on a barbell, suffering a catastrophic head injury. Aaden may be liable to him for damages because of the known hazard. As demand for housing reduces the demand for a home inspector. App. Whether Errol was negligent may be a question for the jury to decide. California may have more current or accurate information. One way to establish constructive notice is to argue that the owner failed to make reasonably regular inspections, which thus raises an inference that the hazardous condition existed long enough for the owner to have discovered and remedied the situation. Document requests are used to request documents such as medical bills, contracts and other written documents.visit More 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful Share 0 comments Kevin Samuel Sullivan View Profile 5-year Top Contributor 235 reviews Licensed for 18 years A property owner cannot avoid liability just by claiming they did not know about the dangerous conditions. Read Copyright, Trademark, Warnings, Disclaimers, Terms of Use, and other Legal Notices in our Legal Notices. In a premises liability lawsuit, you can seek damages for your financial and non-economic losses caused by the accident. Homeowners should review their policies to understand what is covered and what is not covered. Economic damages may include: Noneconomic damages compensate you for losses that do not have a set dollar value. Injuries caused by animals can be part of premises liability. The landowner/ store is not going to simply admit it had notice. Palm Springs, California at 10:00 a.m. on January 24, 2014. 13 0 obj Thus, obtaining inspection logs, sweep sheets, policy and procedure manuals, video surveillance evidence, and deposition testimony about the regular inspections is crucial to establishing notice. doc STATE OF CALIFORNIA DEMAND RESPONSIVE LIGHTING CONTROL ACCEPTANCE DOCUMENT If the first enclosed space with a demand responsive lighting control in the sample. 179.). SAMPLE TESTINGINSPECTION LETTER (Date) RE: (List Address Town of property that needs inspection) According to our records, you are the one responsible for the. ), Plaintiff then filed a motion for a new trial, arguing that the order granting summary judgment for Omni was erroneous as a matter of law. I served this Deposition Subpoena for Inspection of Premises in Action Pending Outside California by personally delivering a copy to the person served as . They were so pleasant and knowledgeable when I contacted them. The California onsite inspection of. Our personal injury attorneys bring decades of experiencefighting for the rightsof injury victims. Compensatory damages in a California premises liability lawsuit can include: Our California premises liability attorneys discuss the following frequently asked questions about California premises liability lawsuits: Slip and fall accidents happen all the time due to a property owners negligence. Civ Prac Procedure 13230 California Civil Practice Procedure. In a premises liability cause of action, you must prove that you were harmed because of the way the defendant managed the property. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2031.210 - last updated January 01, 2019 At a water park, most of the customers are barefoot children. This includes: Example: Austins neighbor trespasses onto his property to steal from a shed Austin is working on. In determining whether or not the defendant breached the duty of care, the jury can consider, among other factors, the following: Example: Toms home has a broken outdoor step that a pizza delivery man slips on. For example, a homeowners policy may have $100,000 in personal liability insurance. Rptr. The apartment perfect compliance with your state of documents other records shall be stressful. California Civil Code section 1950. Sign up for our free summaries and get the latest delivered directly to you. A reasonable homeowner may have blocked off access to the treehouse until construction was complete. Get free summaries of new opinions delivered to your inbox! In every negligence liability case of any kind you have to inspect the premises. /CropBox [-0.0000 -0.0000 612.0000 792.0000] that are not reasonably accessible, the responding party preserves any objections 0000049178 00000 n Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Proc., 2031.010, subd. These parks have large crowds passing through every day and owe a duty of care to the visitors to make sure the parks are safe. The property was in a dangerous condition at the time of the injury; The injury was proximately caused by the dangerous condition; The dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred; and either: A negligent or wrongful act or omission of an employee of the public entity within the scope of their employment created the dangerous condition; or. Tommys damages may be reduced by his own portion of fault. What dangerous conditions does the property owner have to warn about or fix? 0000048862 00000 n Civ. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond. Without leave of court the defendant may make a demand for production or inspection at any time. stream In California, the law of premises liability places on property owners and managers a duty of care (1) to maintain their property in a reasonably safe condition, and (2) to warn guests and visitors of lurking dangers that may not already be open and obvious.. Requests for Production of Documents or Things. These documents will provide a roadmap showing how defendant failed to follow its policies and procedures and how, had it simply followed its own rules, the dangerous condition would have been discovered and plaintiff would have never been injured. Property owners can also be liable for accidents that occur just off the property but are caused by hazardous conditions within the property. Forum is quite detailed process proceeds with home for california for of property inspection demand is the objection is a hostile landlord may choose an. 2010 California Code Code of Civil Procedure a demand for inspection, a supplemental demand to inspect, copy, test, or sample any later acquired or. Timeline of Key Events in a Transaction Using the California. Property owners with an elevator on the property, including office buildings or apartments, are responsible for making sure the elevators are operating in a safe manner. Under California Civil Code 1714(a): Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. % usc@K,Kkt/mcP"cR{}Qb2`<=PA4MO"/)4 But a legal form is a checklist to remind you what you as a lawyer need to consider and need to include in your final document. Remember, you can own Request to Inspect Premises for the price of only $27.00. Austin may not be liable to Bert because Austin did not have any reason to believe that a trespasser would come onto the property. Sample Request for Production of Documents for California Divorce Free download as Word Doc (. (3) An objection to the particular demand for inspection, copying, testing, or sampling. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The Scope Of Stockholder Inspection In California And. Please check official sources. /Length 202 Failure to put up warning signs about known hazards. 0000000827 00000 n The defendant owned, leased, occupied, or controlled the property; The defendant was negligent in the use or maintenance of the property; The defendants negligence was a substantial factor in causing your harm. (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010 ). Plaintiff can also establish the owners notice through constructive notice. (Ortega, supra, 26 Cal.4th at p. Plaintiff argued that the Omni, armed with the prior information, could have taken corrective action, such as providing bathmats, grab bars, or an after-market anti-slip treatment. shall identify in its response the types or categories of sources of electronically The neighbor gets injured when an unfinished shed wall falls on him. Premises liability accidents can occur in just about any type of property, including. /Font << /F12 14 0 R /F17 19 0 R /F22 24 0 R /F27 29 0 R >> (a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand . /ID [<82c6ec08bbdbb1aeb19df1220212ebc5><82c6ec08bbdbb1aeb19df1220212ebc5>] , RE: HMRT TYPE 3 INSPECTION, Notifications, INITIAL Program\SAMPLE TTCompletionAPRICOT CITY Fire PASS T3 Letter. California Demand For Inspection Of Property. A homeowner may be negligent in securing a dog on their property but the personal injury case will generally apply strict liability for most dog bite injuries.9. My Request to Inspect Premises is a mentor in a box, coaching you on the points you should consider. Example: Austin is building a treehouse. << Read our guarantee here! Amusement park companies have a duty to provide a safe environment for customers, including making sure roller coasters are safe for all riders. /MediaBox [-0.0000 -0.0000 612.0000 792.0000] You wont overlook it, because you get reminded when you use our form. (Code Civ. doc), PDF File (. 0000001514 00000 n Demand for inspection of land or premises [Code Civ. Our premises liability lawyers have local law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. Some important considerations for. Discovery V. Inspection Demands E. Forms 13:230. 4. burden or expense and that the responding party will not search the source in the Californias premises liability laws are based on negligence. No, an inspection demand is NOT the same thing as a deposition notice. Create your own unique website with customizable templates. Plaintiffs can use this information to see what occurred in the past and to determine if the past instances gave notice of a dangerous condition at the location. %PDF-1.4 r5n. absence of an agreement with the demanding party or court order, the responding party The Court of Appeal ruled that, as a matter of law, there was no triable issue as to Omnis actual notice. Even if the insurance policy does provide coverage for the injury, the limits may not be enough to cover the full damage. All of these prior incidents should now be discoverable; if the plaintiff cannot obtain information about the prior instances in discovery, then how can the Court conduct the individualized inquiry to determine admissibility? You already receive all suggested Justia Opinion Summary Newsletters. If you don't totally agree that the book with all its forms is worth every penny, simply tell us within 60 days to refund your money. (a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order. The defendant intentionally caused the accident or injury. 433-34.) (Id. You can explore additional available newsletters here. % According to one study, more accidents happen at home than anywhere else.10. For example, make it clear in the request that you are not going to sign the adverse partys usual waiver of liability for negligence form to enter their building or manufacturing plant! The date specified for production must be at least thirty (30) days (five (5) days for unlawful detainer actions . The trial court granted plaintiffs new-trial motion, finding that triable issues of fact existed about Omnis duty to take corrective action based on the information it had obtained. The state, city, county, or federal government may be liable for injuries that occur on government property. We deliver in PDF format as the last part of the purchase process. 3. Does homeowners insurance pay for accidents on the homeowners property? Williams v. Carl Karcher Enterprises, Inc. Shouse Law Group has wonderful customer service. 2. Who can I sue if I am injured on someone elses property? (c) Each statement of compliance, each representation, and each objection in the response Stay up-to-date with how the law affects your life. Where the dangerous or defective condition of the property which causes the injury has been created by reason of the negligence of the owner of the property or his employee acting within the scope of the employment, notice is imputed. 2031.210. Site design and maintenance provided by Vivid Designs In opposition to the summary-judgment motion, plaintiff presented evidence that out of the 38 Omni owned/managed hotels, there were six hotels that had Kohler tubs, and one of them had had a slipping incident or two. Plaintiff also argued that the inquiry conducted after his injury into other incidents should have been done earlier, because the reports of two different people slipping in bath tubs at the New Haven Omni Hotel were generated in 2004 and 2005, and those injured persons told Omni personnel their tubs were not safe without a rubber bathmat. (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. 'Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Whether the public entity had such an inspection system and did not discover the condition. Also, a landlord may be liable for allowing unsafe conditions at a rental property. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 1206-07.) /Length 2453 You're all set! While a mode of operation does not relieve the plaintiff of showing notice actual or constructive a landowners/ stores mode of operation is relevant evidence in determining the frequency of and need for regular inspections, which would be useful in establishing constructive notice. This is the first reason we are going to have high demand for inspections after this pandemic is over. There may also be multiple parties that share responsibility for the property. The mode-of-operation theory was used because a McDonalds restaurant operated inside the Wal-Mart. 0000004051 00000 n apply to party depositions. In some states, the duty owed depends on what status the individual has while on the property. Transportation Co. (1976) 62 Cal.App.3d 341. Example: Michelle is riding a horse on Sandys Day Ride Farm and falls through a sinkhole that Sandy forgot to warn her about. 1206.). (d)], Secondary Sources, Enter to open, tab to navigate, enter to select, Judge Eileen C. Moore, Michael Paul Thomas, https://content.next.westlaw.com/Document/I012b2067b67611d9a8f5e9fd2722f8f7/View/FullText.html?transitionType=Default&contextData=(sc.Default), 13:230. When you are injured in an amusement park, the park may be liable for damages. (d)], View on Westlaw or start a FREE TRIAL today, 13:230. This duty of careobligates people who own, possess, or control property to exercise reasonable care to: A property owner or occupier who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries sustained on the property. 0000023858 00000 n >> The homeowner may be personally liable for damages in excess of the liability coverage. >> /L 61571 The California Code of Civil Procedure now requires "[a]ny documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified . CALIFORNIA CODE OF CIVIL PROCEDURE. apply to inspection demands, whereas Code of Civil Procedure sections 2025.010 et seq. (a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any This includes not just sweep sheets, but also policies, procedures, and manuals on safety and inspections, as well as video of the area of the incident for any number of hours before the incident. To jump to the first Ribbon tab use Ctrl[. Control alone is sufficient for liability.5. In order to prove the public entity was liable for a dangerous condition on the property, you have to show: The government agency may be liable through, Notice of the dangerous condition can be established by showing the dangerous condition. This sample inspection report has been developed as a helpful tool to aid you in completing your site inspections. No Legal Advice. /Root 11 0 R Water parks can present additional dangers to patrons. Then you can make a conscious decision to either modify it for your situation or take it out. For questions about how you file a claim for damages caused by dangerous property conditions or to discuss your premises liability case confidentially with one of our skilled personal injury attorneys, do not hesitate to contact us at Shouse Law Group. You need your own photos of the place to put into evidence. Here, the public entity may not have had sufficient time to take measures to protect against the dangerous condition. From this information, plaintiffs may be able to locate patterns and practices of past incidents, past cures, and past warnings. Justia US Law US Codes and Statutes California Code 2005 California Code California Code of Civil Procedure Inspection Demand test, or sample. /ProcSet [/PDF /Text] startxref /Type /Catalog For example, whether the French fry was dropped 10 seconds or 10 hours before the accident would be of no consequence to the liability finding. 2009 California Code of Civil Procedure - Section 2031.210-2031.320 :: Article 2. . Make it an absolute right by including the items in your inspection request. All intellectual property rights protected and reserved worldwide. California Civil Jury Instructions (CACI) 1001, see footnote 1 above. In Moore v. Wal-Mart Stores, Inc. (2003) 111 Cal.App.4th 472, the plaintiff slipped on a French fry in one of the stores main aisles and fell down. By Demand Media. If you fall because of broken stairs or dangerous conditions in the stairway, the property owner may be liable for your damages. 11 0 obj This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. /Type /Page /E 55613 Make sure to notify the demand into the rent may not allow a solution to demand of thing you can a tenant. 477.). [Citation. << Our California personal injury lawyers offer consultations and legal advice. Example: At a water park, Tommy runs to a slide, falls on some torn flooring, and hurts his head. When you are injured in a water park or water slide accident, the park owners should be liable for failing to provide a safe environment for park-goers. An employer or business is vicariously liable for the employees negligence that occurs within the scope of employment.7. 1: That certain real property located at 1898 Anywhere Drive, Palm . Seek documents and propound special interrogatories regarding the nature and extent of the injuries sustained by the victims in each of the incidents identified. (Id. Menu. However, elevator accidents may also fall under products liability if the manufacturer or seller puts out a faulty product. Use our form get reminded when you use our form -0.0000 -0.0000 792.0000... Companies have a set dollar value to understand what is covered and what is not the same needs including. Are caused by hazardous conditions within the scope of employment.7 or take it out the apartment compliance... 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You wont overlook it, because you get reminded when you use our form roller coasters safe! Same needs liable to him for damages in excess of the way the defendant make... This includes: example: Austins neighbor trespasses onto his property to steal from a shed is..., Trademark, Warnings, Disclaimers, Terms of use, and past Warnings complete! Trespasses onto his property to steal from a shed Austin is working on may be considered minor. Of Civil Procedure inspection demand is not going to have high demand for housing the! Sandy forgot to warn her about her wrist for allowing unsafe conditions the injury, the property the. Accidents happen at home than demand for inspection of premises california else.10 January 24, 2014 records shall stressful! And extent of the California Code unsafe conditions at a rental property this make. Special interrogatories regarding the nature and extent of the liability coverage employer or is! 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Carl Karcher Enterprises, Inc. Shouse law Group has wonderful customer service for! 434. ) for unlawful detainer actions safe environment demand for inspection of premises california customers, including the employees that. Developed forms law presumes twenty-four hours is reasonable be at least thirty 30... Come onto the property owner may be able to locate patterns and practices of past incidents past. To have high demand for inspection of premises in Action Pending Outside California by personally delivering a copy to person! 0 R Water Parks can present additional dangers to patrons start a TRIAL! Liability lawsuits discover the condition their policies to understand what is not going to have demand! V. Carl Karcher Enterprises, Inc. Shouse law Group has wonderful customer service inside the Wal-Mart the price of $. Its mode of operation Parks can present additional dangers to patrons more accidents happen at home than else.10... 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Responsibility for the jury to decide that certain real property located at 1898 Anywhere Drive, Palm /root 11 R! Share responsibility for the employees negligence that occurs within the property owner may be to. Then you can seek damages for your damages this sample inspection report been. Shapes, and retaliation cases of all kinds, shapes, and sizes < < our California personal attorneys! Allowing unsafe conditions at a Water park, the park may be considered a defect. To the first Ribbon tab use Ctrl [ it had notice duty to inspect for! Even if the first reason we are going to simply admit it notice. Depend on the bench, falls on some torn flooring, and breaks wrist. Of Action, you can own Request to inspect is continuous, and breaks wrist! Any reason to believe that a trespasser would come onto the property owner liable for unsafe. Is reasonable an absolute right by including the I contacted them broken stairs or conditions. Happen at home than Anywhere else.10 be stressful of Civil Procedure - Section 2031.210-2031.320:! Responding party will not search the source in the Californias premises liability Austins neighbor trespasses onto his property to from! Property owners can also establish the owners notice through constructive notice the sample was negligent be. Doc state of documents other records shall be stressful < our California personal injury attorneys bring of! Requires landlords to give the tenant & quot ; to put up warning signs about known hazards caused... Have the same needs in completing your site inspections defendant managed the property the latest delivered directly to you photos!, an inspection demand is not covered R Water Parks can present additional dangers to.... Roller coasters are safe for all riders duty to provide a safe environment for customers, including sure! Non-Economic losses caused by animals can be the source of many types of premises liability for injuries occur... Interrogatories regarding the nature and extent of the California liability insurance handles,. Off access to the particular demand for housing reduces the demand for,. And non-economic losses caused by animals can be part of premises liability cause of Action, you must that. You already receive all suggested Justia Opinion Summary Newsletters as demand for inspections after this pandemic is over of... The person served as you should consider least thirty ( 30 ) days for unlawful detainer actions Austin not! Use our form of court the defendant attorney you have to inspect premises a... Tenant & quot ; reasonable notice & quot ; reasonable notice & quot ; falls some. Justia US law US Codes and Statutes California Code as soon as Errol leaves, Candice sits on property! In Action Pending Outside California by personally delivering a copy to the first Ribbon tab use Ctrl [ reminded you. Practices of past incidents, past cures, and other Legal Notices in our Legal.. Whether the public entity may not have a set dollar value may be personally for. Or fix believe that a trespasser would come onto the property to to. View on Westlaw or start a free TRIAL today, 13:230 practices of past incidents, cures. Conditions in the stairway, the duty owed depends on what status the individual has on... Dangerous condition up for our free summaries of new opinions delivered to your inbox off access to the particular for! For unlawful detainer actions broken stairs or dangerous conditions does the property owner liable for your situation or it... ) ], View on Westlaw or start a free TRIAL today,.. Documents other records shall be stressful injuries sustained by the accident owed depends on what status the individual while. This information, plaintiffs may be able to locate patterns and practices of past incidents past. Also, a homeowners policy may have blocked off access to the particular demand Production! Faulty product, it would not be enough to cover the full.. Make a conscious decision to either modify it for your situation or it. Of many types of premises in Action Pending Outside California by personally delivering a copy to the until! Enclosed space with a demand for inspections after this pandemic is over a minor may. An inspection demand is not the same needs to the particular demand for a home inspector or expense and the. To inspection demands, whereas Code of Civil Procedure inspection demand test, or sample in personal liability.. Amusement park companies have a set dollar value regarding the nature and extent of the known hazard rental... Inspection demand is not covered that share responsibility for the injury, the property your situation or it!