Don’t Let A Premises Accident Ruin Your Life
Property owners have a legal duty to keep their premises in a safe condition. The concept of premises liability holds a property owner legally responsible for accidents and injuries that occur on their property or around their business. Premises liability cases usually involve injuries that are the result of unstable and unsafe conditions on the defendant’s property. If you have been injured on someone else’s property due to the owner’s negligence, call 1-800-LAWBOSS for more information on how we may be able to help you receive compensation for your accident.
Q: Do I need a lawyer if I’ve been involved in a premises liability accident?
A: If you’ve been in a premises liability accident, a lawyer can help explain the process and laws when dealing with a property owners negligence or responsibility for keeping a safe environment.
Premises liability can often be complicated. You are not automatically entitled to compensation simply because you were injured on someone else’s property. However, if you have suffered a traumatic injury due to a property owner’s negligence and carelessness, you should not have to pay for your injury-related medical bills on your own. Before speaking to any insurance company, contact a lawyer to make sure you have an advocate who is experienced in premises liability law and can fight to get the compensation for accident.
Q: Who can file a premises liability claim?
A: The ability to file a premises liability claim will depend on the condition of your visit.
Property owners may or may not owe all individuals the same legal duty. This all depends on the law for each individual state, which means not everyone would be able to file a claim if injured on the property. When you are on someone else’s property, you are one of the following:
- Invitee: The property is open to the public, and your presence benefits both you and the landowner. As an example, when you go to the grocery store, you are an invitee. Property owners have to duty to upkeep a safe property for invitees.
- Licensee: You have the express or implied permission to enter the property. If you are invited to someone’s property for a social event, you are an invitee until the property owner asks you to leave. If you refuse to leave, you become a trespasser. If you are a licensee, the property owner must either fix or warn you of concealed dangers that they are aware of.
- Trespasser: If you unlawfully enter or remain on someone else’s property, you are a trespasser. Property owners have no legal obligation towards you other than refraining from willfully harming you.
Q: What are some common causes of premises liability injuries?
A: Unsafe conditions are the most common cause of injuries in a premises liability situation.
Any number of unsafe conditions may result in injury. Here are a few common examples of conditions in premises liability cases:
- Wet floors
- Loose or broken floors, sidewalks, steps, or stairs
- Unsecured rugs or carpets
- Broken windows
- Inadequate building security
- Aggressive animals
Q: How can you prove a premises liability claim?
A: An attorney can help you determine fault in a premises liability case.
Just because you have been injured on someone else’s property does not mean you are entitled to a claim. You must prove that your injury was caused by a dangerous condition that was left uncorrected by the property owner. Simply falling and sustaining an injury due to inattention or other circumstances is not ground for a claim. In order to have a valid claim, you must prove the following:
- You were either an Invitee or Licensee at the time you were on the property
- The property owner knew about the unsafe hazard, but did not make you aware of the danger
- The hazard created risk of harm to you or others
- Your injuries were, in part or in whole, caused by the hazard
Q: What type of legal compensation am I eligible to receive for my injuries?
A: Once you have proved that you have a valid premises liability claim, you may be entitled to compensation for:
- Medical expenses
- Loss of earning capacity
- Pain and suffering
Q: How am I supposed to afford a lawyer?
A: There is a misconception that attorney fees are charged upfront. In a premises liability case your attorney only gets paid if a settlement is reached.
Many people are hesitant to hire a lawyer because they cannot afford the legal fees or are unaware of what those fees are. Fortunately, nearly all premises liability lawyers work on a contingency fee basis. In other words, your lawyer will take a percentage of any settlement or money awarded to you. If you do not get a settlement or award, then you do not pay a fee.