Premises Liability Lawyer: Protecting Your Rights After an Accident

Accidents can occur anywhere and at any time. A person may be inside a shop to make his purchases or visit a friend for his get-together. He may also take a walk through a public park on the way home. The chances of your coming across hazardous conditions that may cause serious injuries cannot be ruled out in such scenarios. If such accidents occur on someone's property, you could be eligible to claim compensation on the grounds that the owner was negligent. This is where an extremely good premises liability lawyer becomes irreplaceable, guiding the injured party through all the confusing legal details and securing the necessary compensation for medical bills, loss of income, and suffering.

Premises liability is, therefore the legal duty of premises owners towards accidents and injuries in which they were caused due to unsafe or hazardous conditions that exist on their property. Property owners are therefore entrusted with a duty of keeping the visitors whom they welcome to their privately owned private homes, commercial premises, or even public places to be as safe as possible. As such, in case a person suffers injury because the property owner failed to do so, the injured person may be able to claim premises liability.

Some of the common types of accidents that are classified under the category of premises liability include:

1) Slip and Fall Accidents:

Slippery floors, uneven surfaces, or poorly maintained walkways can result in slip and fall accidents, some of the most common premises liability cases.

2) Lack of Adequate Security:

A property owner is responsible for ensuring that his premises have adequate security measures. If an assault or injury results from a lack of security, the owner may be liable.

3) Falling Objects:

Premises liability claims can be based on injuries from falling objects, such as merchandise falling off a store shelf.

4) Dog Bites and Animal Attacks:

Owners and landlords who keep vicious or dangerous animals on their properties may be liable when these pets attack and injure someone.

5) Swimming Pool Accidents:

Property owners with swimming pools are ought to take special care so as not to cause accidents, especially to the young ones.

6) Exposure to Toxic Conditions:

Property owners may, at one point or another, be sued due to injuries that are associated with toxic substances such as asbestos, mold, or lead paint on their property.

Specialized premises liability attorneys describe or define what the attorney specializes in representation of victims who have sustained injuries on someone else's premises. Their work is to help the victims realize the legal rights they are entitled to, collect whatever pieces of evidence may be needed, and, finally, file a compensation claim. Some key ways a premises liability attorney can assist your case include the following:

The first thing that a premises liability lawyer will do is to assess your case so they can determine whether you have a valid claim or not by reviewing details of the accident, condition of property, and your extent of injuries. By using this analysis, your attorney will be able to advise you whether to litigate and what forms of relief are available to you, such as hospital costs, lost wages or, in some areas, pain and suffering.

A premises liability lawyer must investigate the accident in detail in building a strong case. The process may involve visiting the accident scene, collecting evidence which may be photographs or video recordings of the accident, and interviewing witnesses. The attorney may need to consult with third parties like safety inspectors or engineers as means of understanding if the property owner was negligent in the way he maintained the premises.

Determination of liability forms the critical part of any premises liability claim. In most instances, under the premises liability claim, liability lies with the owner of the property. Still, in some cases, liability is shared by other parties. A tenanted property will expose both the landlord and the tenant to liability resulting from negligence in ensuring safety in the premises. A premises liability lawyer will closely analyze the interaction between the property owner, the tenant, and any other third-party contractors in order to identify all of those who could be liable.

As a crucial feature of a premise liability case, as important as winning a settlement is, is proving negligence. Proof by an evidence-based approach requires demonstrating that the owner failed to fulfill his duty of care- a legal requirement-a duty required in keeping the environment safe. A premises liability attorney will be able to present evidence to prove that a property owner knew or should have known of the existence of the dangerous condition and failed to make timely repairs. The same evidence will also be used to prove that the hazardous condition directly caused the victim's injuries.

Often, the insurance companies play a major role in premises liability claims because there is probably liability insurance for properties. However, insurance companies often tend to try to diminish the amount they have to pay out to injured parties. The lawyer will negotiate your case with the insurance company, making sure that you get a fair settlement that should compensate and restore all damages: medical expenses, lost wages, and any long-term results from your injuries.

If these negotiations with the insurance company or the owner of the property to which you have been exposed become unreasonable, he can file a lawsuit against the party involved, preparing your case for trial by collecting expert testimony and evidence to present before the court. He will fight to get the best possible outcome for your case in the process of law.

Sometimes, property owners and their insurers rely on the defenses to avoid liability in premises liability cases. Some of the common ones include:

Moreover, he may establish a prima facie defence that the injured party partially caused the accident. For example, in case you texted your way on road while not noticing the hazard around then, the premise owner will then argue that you contributed to the injury. A premises liability attorney will rebut such defense by coming up with evidence that the property owner's negligence was the true cause of the accident.

The property owner would then defend his case by pointing out that the hazardous condition was so apparent and obvious that a reasonable person should have avoided it. For instance, if there is a huge spill on the floor that can be seen at a glance, you may hear the owner assert that, with such an obvious hazard out in the open, you should have noticed it and therefore avoided it. Your lawyer would argue that such a person had a duty to take care of the hazard.

If you were injured on someone else's property while trespassing, then the property owner is not likely to be liable for your injuries. However, there are exceptions, particularly where the injured person is a child. A premises liability attorney can help determine whether the property owner owed a duty of care to you, even if you were not lawfully on the property.

A successful premises liability action will bring about the following types of compensation for you:

1) Medical Expenses:

Reimbursement for medical bills, surgeries, rehabilitation, and future medical care regarding your injuries.

2) Loss of Wages:

Recovery of lost wages, which would have been earned if not for an injury making you stay away from work.

3) Pain and Suffering:

The pain suffered, both physical and emotional, leading to an impairment that may last for a long time in your life.

4) Disability and Disfigurement:

Damages for permanent injuries that cause you a disability or disfigurement.

5) Loss of Consortium:

Damages for the effect the injury has had on your relationship with your spouse or family.

A premises liability lawyer is very important in guarding your rights and ensuring compensation for injuries resulting from an accident on someone else's property. They give you very good legal advice, carry out thorough investigations, and represent your interests in negotiations or court. Whether it has been a slip and fall, low level of security, or a hazardous animal, recovery and financial stability can be all the difference with an experienced premises liability lawyer. If another's property has caused your injury, you may wish to consider contacting a premises liability attorney about your situation.