Premises Liability Attorney

Need a Premises Liability Attorney who will aggressively pursue maximum compensation for your injuries?

If you are injured while on someone’s property, your state’s laws provide a way for you to get compensation. Injuries caused by slip and falls, swimming pool accidents, and elevator malfunctions are just a few reasons that personal injury lawsuits arise. These types of lawsuits concern premises liability – a legal theory in which property owners are held legally accountable to the victims of injuries, accidents, or other damages occurring on the owners’ properties. Premises liability doesn’t just concern residential property. Incidents could occur in malls, parking lots, offices, parks, and even government facilities. So, if you can prove that your injuries are caused by a property owner’s misconduct, then you stand to receive compensation. Here’s an overview of how property owners might be liable for your injuries.

Call My Rights Law – Experienced Premises Liability Lawyers

When you hire a skilled injury lawyer from My Rights Law, you could get up to ten times more then the original insurance offer. The premises liability lawyers at My Rights Law are dedicated to helping people injured by premises liability accidents receive the maximum compensation possible.

If you believe you have a premises liability claim, give us a call now for a free premises liability case evaluation. Most cases are on a contingency fee basis, which means we don’t charge attorney fees unless we obtain monetary compensation for you and your family. Call us today (888) 702-8882 or leave a message on our secure contact form.

Premises Liability And Negligence

In most states, a property owner, or anyone who controls or possesses the property, must generally keep it in a safe condition to avoid harming you. These property owners owe you a duty of care. This entails repairing dangerous conditions, maintaining and inspecting the property, and warning you of dangerous conditions that they know of. If the owner does not take steps to discover hazardous conditions, and you get hurt, then they might be at fault. So, a property owner could be held liable for injuries that you sustain on their property if they fail to keep their property safe or otherwise fail to warn you about dangerous conditions on their premises.

Common Types Of Premises Liability Cases

Slip And Fall

A typical example of a slip and fall case is when a spill at the grocery store causes you to slip, fall and injure yourself. As a guest in the store, you have an expectation that the store will be free of hazardous conditions. If there were no warnings about the slippery floor or dangerous conditions, then you could receive compensation for your injuries by filing a slip and fall lawsuit. Other causes of slip and fall accidents include uneven floors, bad carpeting, busted railings, or exposed cables. Moreover, if you have easy access to dangerous locations that should be closed off to you for safety purposes, and you are injured in that dangerous location, then you could sue for relief.

Elevator, Escalator Accidents

While elevators and escalators can make getting around a large building more convenient, when they malfunction, the effects can be catastrophic. Sudden jolts in an escalator can cause neck or back injuries. Similarly, escalators have been known to catch shoestrings or clothing, causing injuries that may even be fatal. Property owners have a duty to maintain these machines. If these machines cause injuries to you, then you could sue the owner for the harm that you sustain.

Swimming Pool Accidents

Property owners with swimming pools have a responsibility to ensure that the pool is functioning properly and that it has safety equipment in place in the event that tragedy strikes. Some states require a swimming pool owner to have an enclosure surrounding the pool to prevent children and uninvited guests from wandering into it. Pools that are unsafe or not maintained may cause injuries or even death.

Inadequate Property Maintenance

Property owners are typically expected to properly maintain their premises. When they fail to do so, hazardous conditions can begin to form. If these hazardous conditions injure you, then the owner may be liable for causing your injuries. An example of failing to maintain the property is not fixing a rusty gutter that later falls and injures a passerby.

Inadequate Property Security

Businesses, apartment complexes, and other establishments that allow others onto their property have a responsibility to ensure that those people are safe. Establishments that know that their property is a magnet for criminal activity must put safety measures in place to protect against others from falling victims to crimes such as assault and battery. Establishments that fail to do so may be held responsible for the harm that is caused to those victims.

What To Do If You Have Been Injured On Someone Else’s Property

If you have been injured, then you should seek medical attention. Before or after you are treated for your injuries, gather any evidence (e.g., photos, videos) concerning the conditions of the property that you were injured on. While everything is fresh on your mind, put together a summary of what happened to you. Also, gather any information from those who witnessed your injury.

Once you have gone through the steps detailed above, you should contact a personal injury attorney. They will help you determine whether there is a basis to sue, and they can obtain information about the property owner’s insurance carrier and legal representative. Your attorney might advise you to report the incident to the business’s security or incident management team. It is not uncommon for large businesses to have a procedure in place for guests which involves filing a report about the injury. Obtain a copy of that report if possible.

Keep in mind that any delay in receiving medical attention or obtaining legal representation may harm your chances of receiving fair and prompt compensation for your injuries.

Compensation Available To Victims Of Premises Liability Claims

The number of damages that you receive will depend on several factors, most importantly being the severity of your injuries. Possible damages include:

1. Medical Bills – You can receive compensation for the current and future medical treatment that you receive because of being injured while on someone else’s property. This type of compensation falls under the category of economic damages and includes emergency room treatment, physical therapy, surgery, and rehabilitation.
2. Lost Wages – Injuries that prevent you from working will result in lost wages. You can recover these lost wages by filing suit. If you are permanently disabled and unable to return to your job, then you might be compensated for lost future wages or lost earning capacity.
3. Physical Pain And Suffering – You can be compensated for the physical pain that you have endured and may continue to endure because of your injuries. While there is generally no formula that determines precisely how much your pain and suffering damages will be, the more severe your injuries, the higher the compensation that you stand to receive.
4. Mental Pain And Suffering (Emotional Distress) – This includes shock, fright, humiliation, grief, and anxiety. All of these emotional stressors can be caused by the trauma that you experience because of your injuries. The more severe and long-lasting your emotional distress is, the larger the payout should be.
5. Wrongful Death – If you die because of an injury on someone’s property, then most state laws allow your spouse, domestic partner, or other loved ones to receive compensation for your loss. Basically, this compensation is meant to compensate your family for the loss of your guidance, care, and love. It is common for an executor (personal representative) to also file a survival claim which concerns the damages that the victim would have received had they not died but still sued for their injury.

Filing A Lawsuit Under Premises Liability

Like many personal injury claims, the property owner may carry insurance to protect them from lawsuits. This insurance can pay you for the injuries that you suffered. However, some insurance companies try to avoid fessing up and paying you what you deserve, in which case your next step may be to get an attorney who can take on the insurance company and who can go after the property owner for anything that the insurance company doesn’t cover.

To be successful in your claim, you have to prove that, more likely than not, you were injured on someone else’s property because of their negligence. Some cases are fairly easy to prove, while others will require an extensive investigation. Through a process known as discovery, your attorney gathers facts and evidence that could prove that the property owner is at fault for your injuries. However, discovery typically only takes place after you file a lawsuit.

Property owners do not always do the right thing. It is bad enough that you have been injured because of their negligence. It is even worse when they (or their insurance company) try to avoid compensating you for this. When this happens, it is important that you involve an experienced personal injury attorney to fight on your behalf.

If your case doesn’t settle but instead goes to trial, then your lawyer will present your case to a judge or jury. Your lawyer will emphasize that the defendant caused your injuries and will show how you have been affected by this (e.g., permanent damage). The defendant’s attorney will then argue their side. Multiple people may testify in the lawsuit. This could include your treating physician, the property owner, the property management company, expert witnesses, and more.

If your attorney can show that the defendant more likely than not caused your injuries, then a judge or jury could find them legally responsible (liable) and order them to pay you. However, if the judge or jury does not agree with you, then you might lose your case and recover nothing. This is why it is so important to have a dedicated car accident lawyer in your corner.

Statute Of Limitations

While many cases are resolved without the need to file a lawsuit, it may be necessary for others. Most states, if not all, limit the amount of time that you have to file your premises liability lawsuit. In most cases, you will have a short period from the date of your injury to sue. If you are late, then your case might get thrown out by the court. An exception applies if, through no fault of your own, your injuries are not immediately apparent. So, if your injuries are not obvious or have been misdiagnosed, and you later discover these injuries, then you will have one year from that point to sue. Remember that if you delay getting medical treatment or retaining an attorney, then this could cause your case to fall apart, so time is of the essence.

Personal Injury Attorneys At Your Service

If you have been injured on someone’s property, then get medical attention first and then touch base with an experienced personal injury attorney who handles premises liability cases. At My Rights Law, our attorneys focus on these types of lawsuits and are prepared to vigorously pursue all remedies against those who are at fault for causing your injuries, damages, or losses so that you get the compensation that you deserve. To get in touch with My Rights Law, call (888) 702-8882 or contact us online for a free consultation today.