Matters of the law are a complex topic many people struggle to comprehend. And the few that do, end up becoming attorneys and lawyers to help other people understand them as well. The premises liability area is one such area that requires deep understanding. If you fall and get injured on someone else’s property, you could be entitled to compensation. If you’re a property owner, it’s your responsibility to maintain safe conditions to hinder these injuries from happening.
This is what constitutes what’s known as premises liability. In a premises liability case, you can seek compensation for damages caused by a property owner’s failure to operate their property in a safe condition. However, you need to know a few things before making a premises liability lawsuit. Let’s dig in!
1) Launching a Premises Liability Claim
If you want to pursue a premises liability claim, you’ll need to prove four things. You also need to understand that the elements of such cases can vary based on jurisdiction. The law team at www.terry-lawfirm.com/greeneville-tn/premises-liability-lawyer/ recommends first checking the laws in the state where the injury occurred. First, you’ll need to prove the defendant owned, leased, or occupied the property. This is why having a lawyer is in your best interest. Second, your attorney needs to prove the defendant was negligent in how they maintained, ran, or operated the property.
Third, you need to prove you were injured. Ensure you have the appropriate medical documents to back up your claims. This can also include receipts of drug prescriptions and the cost of medical treatment. Finally, you need to show that you were injured because of the defendant’s negligence. Your lawyer needs to build a solid case that ensures you receive the compensation you rightly deserve.
2) Understanding Duty of Care
This is the first element in proving liability. Your lawyer needs to show that the defendant was required to maintain their property safely. This means taking measures to eliminate any dangers to others when they’re involved in actions that could result in harm to them. The critical question in a premises liability lawsuit is whether the property owner provided a standard of reasonable care.
Your lawyer needs to show the defendant was responsible for ensuring that their property maintained this standard of expected care when you were injured. To establish this duty of care, ensure you have a copy of the lease or contract. This document needs to show that the defendant is listed as one of the responsible parties. Consider using an expert witness. They can help establish this duty of care on the defendant’s part.
3) Property Owners Are Responsible for Visitors Safety
If you’re a property owner, you likely know that if a person gets injured at your business, you’re a potential target for a lawsuit. In short, you’re responsible for any person who steps into your place of business – whether it’s a client, employee, supplier, or customer. In some cases, even trespassers have limited protections under premises liability law. They can have a genuine premises liability claim if they’re injured on your property.
However, the elements of such a case differ from state to state. “As a property owner, you need to maintain, fix, or disclose hazards. When you fail to do this, you may face responsibility for resulting injuries,” explains Dr. Joe Cullan, M.D., J.D., a trial lawyer based in the U.S. who handles premises liability cases. As a property owner, keeping your building or property within appropriate safety measures can protect your business from lawsuits.
4) What Conditions Fall Under Premises Liability?
If you’ve decided to follow up a premises liability claim, you need to understand what counts and doesn’t count in such a case. Slip and fall lawsuits are common premises liability lawsuits. However, there are also different types of liability lawsuits. For instance, a property owner who owns an apartment is responsible for providing security to protect visitors from crime. Additionally, construction sites should post all relevant warning signs to warn visitors. If a visitor is harmed by hazards like falling objects, chemicals, or live electrical wires, they can seek compensation for damages. The claimant’s lawyer will attempt to show that the victim’s injury resulted from your negligence.
As a property owner, this counts as negligence and carelessness. This is because you failed to provide a standard of reasonable care.
Proving fault for premises liability is challenging. There are multiple elements involved in such a case. You need to convince a court that a property owner needs to be held responsible for your injury. You will need a competent and well-experienced attorney on your side to make a strong case. A good lawyer will ensure you get the compensation you rightly deserve.