When you get hurt, all you want is for someone to pay for the damages, your medical bills, your pain and suffering so you can get back on your feet and live your life. All too often, however, the other, responsible party does what they can to avoid payment. Insurance companies try to bully you into signing away your rights. They claim it was your fault after all.
What can you do when you’re injured on someone else’s property? Learn about premises liability, about your rights when you’re injured on private property, and about how a premises liability lawyer can help.
Premises Liability Law
Premises liability is a legal concept that covers the responsibility of an owner or property manager, and their duty of care to those who come onto their property. It outlines their liability should a person become injured on their property, when they are at fault, and what kind of damages can be recovered.
If you are hurt on someone else’s property, you may be entitled to compensation, so long as you can demonstrate that their behavior or lack thereof was responsible for your injury.
What You Need to Prove
If you are hurt on another person’s private property, the exact nature of the case may vary from state to state, but there are a few general things that are fairly standardized. You will need to prove that the person you are suing was the owner, lessee, or legal occupant of the property. You will need to prove that your injury was caused because the defendant was negligent, and that negligence was a major contributing factor in your injury.
Everyone has a duty of care to visitors on their property. In order to prove that they were negligent, you must prove a violation of that duty. This means that either the defendant acted or failed to act in a manner that caused your injury.
If for example, you tripped and fell on a loose piece of carpet on the stairs, you must show that the defendant knew about the carpet in time to have repaired it and both failed to do so and to warn you of the danger.
When the Owner Is Not Liable
There are certain circumstances where the owner or occupant of a property may not be liable for the injury. First, if the injured party was not legally entitled to be on the property—if they trespassed or came without being invited or welcomed, they may not have a case for a lawsuit. Secondly, if the accident can be shown to be the fault of the visitor; if for example, they trip and fall due to their own clumsiness, the property owner may not be liable for the accident.
Premises Liability Lawyer
If you are injured on another person’s property and they are at fault for the accident, you may be entitled to compensation for your medical bills, loss of relationships, pain and suffering, lost wages and opportunity and more. You will need the help, however, of a qualified premises liability lawyer.
If you find yourself in such a situation, we are ready to listen. Read about our firm and give us a call for a free case consultation today.