Have you been bitten by an untied dog in someone’s property? Have you ever fallen off your neighbor’s slippery walkway? Or have you been hit by falling debris from a nearby construction project, after which you sustained an injury? If you answered yes to one or, God forbid, all of those questions, you may file a premise liability claim.
When pursuing a premise liability claim, it’s important to hire a lawyer to handle your claim. This is because they have the necessary experience and knowledge to support your claim. He or she may be adept at gathering evidence and presenting a valid argument against the other party for you to win the claim.
In the next section, we will talk about what premise liability is, what scenarios are eligible for a premises liability claim, and how complex the process of filing and winning a claim is.
Premises Liability Claim in a Nutshell
Simply put, premise liability states that property owners are liable for accidents and injuries that occur on their property.
There are different kinds of incidents that may result in premise liability claims. These include falling in a commercial building or being exposed to toxic substances in an unregulated area.
The general idea is that property owners are responsible for maintaining their property by removing hazards that can harm another person. However, certain conditions can invalidate liability, such as trespassers or someone breaking into your home. Other exceptions exist if the victim of the injury is under the age of majority for the state.
Possible Premise Liability Claim
It’s important to know which scenarios may be eligible for a premise liability claim. Such scenarios may include the following:
● Construction Site Negligence
● Dog Bites
● Hotel Accidents
● Parking Lot Accidents
● Slip and Fall Accidents
The Complexity of the Claim
Many of these claims are complex in nature. They require a specific understanding of even the minute details. This is why it is important to hire a lawyer who is well-versed in premises liability issues. To win the claim, your lawyer needs to prove that the owner of the land was negligent. Let’s take a look at the two essential aspects of pursuing a premise liability claim.
● Representation – Soon after a premise liability issue surfaces causing you an injury, you have to seek legal representation right away. You need to hire a premises liability lawyer to investigate the matter and help you win the claim.
You can hire a lawyer to help you gather evidence. Your lawyer can help increase the strength of the claim and not scramble to file the case. It’s possible that you may end up settling out of court. This can bypass the length of time litigation requires and the extra costs of the lawsuit. That said, you have to discuss these matters with your lawyer and express the need to seek a quick resolution.
● Winning – Now, if you hope to win the claim, you need to prove that there was negligence on the property owner’s part. Your lawyer will handle your claim and will help you make your case. It should be apparent that the building or land is dangerous. The risks involved should be brought by the following: failure in maintaining the grounds, unsafe conditions due to lack of maintenance, the presence of hazardous chemicals; or other issues such as ice or snow that caused you to trip and fall.
In the end, the court will assess if the claim is valid based on the aforementioned grounds. However, it will still consider the rationale of having to remove the danger and if the person was an invited guest or a trespasser.