Signs That You Might Have a Premises Liability Case
Written by AskTheLawyers.com™ on behalf of Carson R. Runge with Sloan Firm.
If you have been injured on someone else’s property, it’s possible that you may have a premises liability case. Damages that can be claimed in a premises liability claim include medical bills, lost wages, pain and suffering, and more. There are a variety of signs which may indicate your eligibility for filing a personal injury claim. If you are unsure regarding the viability of your claim, reach out to a premises liability attorney. Many of these attorneys offer free consultations and will be able to give you a better idea of the likelihood of success in your premises liability case.
Signs that may indicate you have a premises liability case include but are not limited to the following:
- Lack of signage: Were signs present to warn of any inherent risk on the premises? If not, this could open up the property owner to liability. Similarly, if signs were present but were illegible due to fading or other damage, this could indicate liability.
- Loose animals: If you are attacked by an animal, how did it happen? If one or more aggressive animals are allowed to roam loosely, and the owner is aware of the risk they pose, the owner could be liable for any ensuing damages.
- Broken fence/railing/barrier/etc: Could your injury have been prevented by a well-placed fece, handrail, or other barrier? If your injury occurred due to a poorly maintained barrier, this could open up liability for either the property owner or the party responsible for upkeep of the barrier.
- Additional unsafe conditions: If you are injured on a property that is rife with unsafe conditions which go unaddressed, this could indicate a level of negligence on the part of the property owner.
- Delay in repairs: Was a property owner given adequate time to repair a reported safety hazard, but failed to do so, resulting in an injury? Delaying repairs without good reason could open up a property owner to liability.
- Lack of reasonable awareness: This may be harder to recognize without first comparing the situation in which you were injured to similar but safer situations. In many premises liability cases, it must be proven that another property owner in the same situation would have been aware of the hazard and corrected it in time to prevent an injury.
Lack of reasonable awareness is probably one of the biggest indicators of whether or not an injured party is eligible to file a premises liability claim. If another property owner in the same situation could reasonably be expected to have prevented the accident, this could indicate that a property owner was negligent in allowing unsafe conditions to persist.
Additionally, it will be necessary to prove that a duty of care exists between the injured party and the property owner. 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. Premises liability law can vary from state to state, so it’s a good idea to research the law in your area and contact a premises liability attorney with any questions or for help filing a claim.