What Exactly Is A Premises Liability Claim?

Premises Liability Claim

Premises Liability Claim

State law requires that property owners maintain a reasonably safe environment for people. If you are hurt on somebody else’s property due to a hazardous condition, you can pursue a premises liability claim to recover compensation from the owner.

The premise liability law governs personal injury claims on someone else’s property. Where a property owner is liable for your injury, they will take responsibility and pay your settlement.

Given the complexity of the premises liability claim, working with premises liability lawyers is advisable to ensure fair compensation.

Types Of Premises Liability Claims

The premises liability law is applicable under the following circumstances

  • Slip and fall accidents
  • Swimming pool accidents
  • Elevator accidents
  • Inadequate security
  • Inadequate property maintenance
  • Animal attacks such as dog bites

Upon a successful premises liability claim, you will receive compensation for your injuries attributed to the property owner’s negligence. This compensation will cover your medical bills, lost wages, and pain and suffering. With the help of premises liability lawyers, surviving parties can pursue a wrongful death lawsuit in case of fatal accidents.

Requirements To Prove A Premises Liability Case

The premises liability law states the elements of a personal injury claim that you should prove, including:

The Duty Of Care

The duty of care is circumstantial on the property, land, or business. Generally, the property owner is responsible for protecting the guests from foreseeable dangers. Your premises liability lawyers will evaluate your case to establish the duty owed during your injury.

Breach Of The Duty Of Care

Upon establishing the duty of care, your attorney will prove that the property owner should have been aware of the danger and addressed it or warned you. For instance, if you slip and fall on a slippery floor without warnings, your lawyer will help prove your case.

You Suffered An Injury Due To The Defendant’s Negligence

In proving that your injury was due to the defendant’s negligence, you will also show that you were unaware of the threat. Also, your attorney will confirm that you acted reasonably and your injuries did not result from your negligence.

When Can You Receive Compensation For Your Damages?

To receive compensation for premises liability, you should have suffered damages. An insurance company will not remit claims if you have an accident and are not injured.

How Premises Liability Lawyers Can Help With Your Claim

Working with an attorney in your claims pursuit is advisable as they are skilled at gathering evidence and negotiating for fair compensation. Your premises liability lawyers will help you in the following ways:

  • Issuance of spoliation letter to prevent the destruction of evidence
  • Gathering evidence of your accident scene, including photos and video footage
  • Interviewing witnesses and relevant parties
  • Negotiation with insurer
  • Representation in court, where applicable

Work With An Attorney For Your Premises Liability Claims

Insurance companies, like other businesses, focus on making profits, and most are unwilling to take full responsibility for their client’s negligence. Most will remit minimum amounts in premises liability cases, especially where you are dealing directly with them. Therefore, work with an attorney for your premises liability claims for fair compensation.