Premise Liability Lawyer

Injury can be avoided.

What does a premise liability lawyer do?

If you have been injured in an accident on someone else’s property, a premise liability lawyer can help you through the process of filing a premise liability claim to protect your rights.

A premise liability lawyer is necessary to help you through the process of a premise liability claim because they possess the legal knowledge and ability to gather the evidence needed and to build a valid argument to support your case.

Many premise liability claims have to do with overall property defects. This includes hazardous waste exposure, dog bites, or instances of slip and falls. If you have sustained an injury on someone’s property, now is the time to contact an experienced premise liability attorney.

After an injury is sustained on the property, a premise liability claim can be filed. Often, these claims support the injured party by stating that the property in question was not adequately maintained by the owner. However, if the victim in question was trespassing or attempting to rob the property, the owner is not held liable and your claim will not be supported in a court of law.

The premise liability claim itself needs to support the fact that the owner was in fact guilty of negligence. This process can often be tricky because the owner of the land in question needs to be proved. For example, if the current tenant is living in the home in question but only renting the home, he or she may not be liable for any injuries sustained on the property.

In order for a premise liability claim to be successful, it needs to be proven that injury could have been avoided if the homeowner adequately maintained their land. In essence, a successful premise liability claim comes down to proving that the living conditions of a property are unsafe. There are numerous conditions that can cause a property to be deemed unsafe. The court will take into consideration not only these conditions but the actions taken to remove the issues making the living conditions unsafe, along with who exactly the victim of the injury was in relation to the homeowner.

It is important to contact an attorney to help you through the premise liability claim process as soon as you sustain an injury. If you are in need of medical care, your lawyer can take over your case while you recover and quickly help you to receive your compensation. Usually, these cases have a time window in which they need to be processed or else they will not hold up in court.

The timing and rules in regard to filing a premise liability claim vary state by state. Often, settlements can be reached between both parties to eliminate court fees and lengthy court cases. Your attorney can help negotiate on your behalf and mediate between you and the other party.

Dependent upon the severity of the injury and case, your lawyer will outline your wants and needs in a settlement letter to the other party before starting the litigation process.

Types of premise liability injuries.

There are many types of injuries that can constitute filing a premise liability claim. Here are a few examples of injuries that may warrant contacting a premise liability lawyer:

Slip and fall accidents – Slip and fall accidents are one of the most common types of premise liability injures. Whether it’s slipping on wet ground or a defect to the floor, these instances could be reason enough to contact a premise liability attorney. One must consider the circumstances before claiming fault of the owner of the property. Was the floor uneven due to the owner’s negligence? Was there some sort of mechanical reason that the ground needed to be uneven? In order to claim fault of the owner, the following must be true: the owner must have caused the ground in question to be defective and the owner must have been aware of the defectiveness. In filing your claim, it will be investigated whether or not the owner makes a concerted effort to keep the property safe and sanitary.

Toxic chemicals – If you were exposed to toxic chemicals you may be eligible to file a premise liability claim. For example, if a homeowner knowingly exposes someone in their home to asbestos, they are liable for the damages. The most common type of chemical exposure is through pesticides in the home. This can be seriously harmful to the health of the individual that was exposed, and sometimes fatal. Usually, this type of exposure happens on some sort of commercial property like that of a restaurant or bar or even a hospital. The first step after this type of exposure is to file a claim and if eligible, a person may even be able to sue under federal regulations.

Snow accidents – Snow accidents are similar to that of slip and fall accidents. Particularly during the wintertime, people are more prone to these types of accidents due to slippery sidewalks or surfaces. If a property owner exhibits negligence by not keeping their walkways free of snow and ice, this constitutes premise liability. Although the property owner cannot be held responsible for weather conditions, it is the property owner’s responsibility to maintain the property and keep those who enter the property from any type of injury.

Dog bite accidents – Many know that it is important not to pet or go near a dog without consulting the owner. When you are bitten by a dog on someone’s property, the homeowner may be held responsible for the dog bite injury. In some states, homeowners even hold liability if a trespasser was bitten on their property. When a person enters a person’s property, there is a certain trust placed in the homeowner that they will be safe. This may include keeping any “dangerous” animals away from any guests or placing “beware of dog” signs in or outside the premises. A way around being held liable in a dog bite situation or having to compensate for a dog bite situation may be for the homeowner to invest in homeowner’s or renter’s insurance. This can cover the homeowner from potentially being sued in a dog bite accident on their property.

Fire Injuries – Most fire injuries occur from heating, electrical, or lighting issues inside the home. If the fire was started due to blatant negligence, the homeowner will be held liable for the injuries sustained by guests inside the property. Some examples of negligence might be forgetting to extinguish a flame. If the homeowner fails to put out a lighted cigarette, for example, they are automatically held responsible if a fire ensues as a result. In the case of home appliances, it is the responsibility of the owner to ensure that appliances in the home are functioning properly, without defect. If a heater or electrical outlet is faulty and causes a fire, this may be considered negligence if the homeowner was aware and did not take adequate steps to fix the problem. Lastly, a large cause of at home fires is due to negligence in the kitchen. If a person forgets to turn off their stove or oven, this could be extremely dangerous and an extreme fire hazard.

Elevator accidents – It is the responsibility of a commercial property to ensure that their elevators and escalators are running properly. There are a few causes that can contribute to an elevator-related injury. An elevator car needs to be leveled in order to properly stop at each floor. If the elevator car is not leveled, it creates a gap between the elevator car and the floor. This could be extremely dangerous for people needing to step into the elevator because they are at risk of tripping and falling. Speed issues are also another common cause of injury. If an elevator travels at a speed that is too quick or makes sudden stops, the passengers of the elevator are at risk for falling down or even into the sides of the elevator. Faulty elevator doors have also been a common cause for concern. There have been many cases where elevator doors have closed on guests entering the elevator, causing extreme injury.