Injuries Associated With Premises Liability Claims
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
Premises liability claims arise when a person or parties are injured on someone else’s premises due to conditions that should have reasonably been noticed and addressed beforehand. Some common examples of this include icy walkways, cracks in the sidewalk, lack of adequate signage, aggressive animals improperly secured, etc. In a premises liability claim, it may be possible to recover damages such as medical bills, lost wages, pain and suffering, and more. If you or a loved one were injured on someone else’s premises, reach out to a premises liability attorney to discuss your situation and see if you are eligible to file a claim.
Within premises liability claims there are a variety of common injuries, including but not limited to:
- Slip and fall injuries
- Trip and fall injuries
- Broken bones and fractures
- Neck and back injuries
- Electric burns
- Injuries from exposure to toxic substances
- Animal attack injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
Premises liability laws vary from state to state, so it’s important to do some research on the laws in your area before pursuing a claim. In order to determine who is responsible for an injury resulting from unsafe premises, it’s important to discern who has a responsibility to your safety on that property.
Does the property owner owe a duty of care to people on their premises?
One of the most difficult things to establish in a premises liability claim is whether or not the property owner owed a duty of care to the people on or passing through their premises. A duty of care simply refers to a legal responsibility to provide reasonable safety measures to certain people. For example, a business may owe a duty of care to their customers, but if a robber breaks in after hours and slips on the wet floor, they may not owe the robber a duty of care.
The viability of a premises liability claim may also depend on the situation itself. If the injury occurred due to circumstances outside of the property owner’s control, or in which the property owner had not had reasonable time to fix the problem, this may weaken the claim. However, if it is determined that another property owner in the same situation would have noticed and addressed the danger on their premises given the chance, this could imply that a breach of duty of care occurred; this opens up liability for the property owner and strengthens the case of those injured on the property.
Reach out to a premises liability attorney to discuss your case.
Due to the complicated nature of many premises liability claims, it’s a good idea to discuss your situation with an experienced attorney before deciding how to proceed. Premises liability attorneys are well-versed in the laws in their state and will be able to help evaluate the damages of the case as well as the potential for success. If hiring an attorney seems out of the question due to finances, it may help to note that most premises liability attorneys work on a contingency fee basis; this means you won’t be required to pay unless they win.