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The list of those that may be held responsible or liable for a premises liability claim is virtually endless. The list includes but is not limited to:
The first thing that needs to be established and proven is that the person in possession of the property or the owner of the property knew or should have known of the dangerous condition on the property in question.
The next step is to show that the possessor or owner of the property did not tell or warn anyone about the dangerous condition and did nothing to fix the condition.
Lastly, you must prove that the failure to fix the dangerous condition was the cause of your injuries.
It may be considered to be a premises liability claim. However, the plaintiff must show that the occupier of the property or the owner knew or should have known that the liquid was on the floor before the accident. How successful a premises liability claim is usually relates to the facts of the case.
For instance, if the store owner was told that there was a broken bottle of ketchup in an aisle and the owner did nothing about it and a shopper slips and falls, it may be possible to make a case that the owner knew about the hazard and did nothing.
Depending on the circumstances of your accident, you may be able to claim compensation for your injuries. You would be, if you chose to proceed, filing a premises liability claim, a claim made when you are injured by a dangerous condition on property belonging to someone else.
The most common type of premises liability claims happen as a result of a slip and fall. A slip and fall could happen almost anywhere, including a sidewalk, stairs, parking lot, airport or grocery store. The cause of the accident is often relevant when filing such a claim. For instance, was there a wet spot on the floor that had not been cleaned up, or icy stairs that had not been sanded or de-iced for safety?
The main question involved in premises liability lawsuits is whether or not the owner, manager or caretaker was aware of an existing dangerous situation and did not remedy the situation or post clear warning signs near the dangerous area. In other words, a premises liability lawsuit is a negligence claim against possessors of property, owners and operators, and is based on the failure to prevent injuries on the premises from dangerous hazards or conditions.
A successful plaintiff can obtain compensation for disfigurement, impairment, loss of earning capacity, damages, lost wages, future medical care bills, current medical care expenses, pain and mental anguish.
The store and its insurance company will almost certainly take advantage of you if you do not have a lawyer. At first, people or companies frequently tell you they will take responsibility for things, but when it is time to write the check, their tune changes. Second, you may be entitled to more than just medical bills, and you would not know what or how much to expect without an experienced lawyer. The primary reason you need a personal injury attorney is that negligence may have been involved on the store owner’s part. They may have known about the broken stair being a tripping hazard but did nothing to fix it, not even post a warning sign.
Under the law, the property owner has a duty of care to patrons, including providing safe premises and ensuring no hazards could harm customers. If the store owner violated this duty, you may be entitled to recover more than just your costs of medical care. But without a lawyer, you do not know the types of things you are entitled to recover or a reasonable amount for a potential recovery.
Speak to a personal injury attorney as soon as you can after your accident. Personal injury lawyers are highly trained in handling negligence issues.
No, a premises liability claim does not only deal with someone tripping, slipping and falling. You could file such a claim if you were shopping at your local grocery store and a tin of coffee falls off a shelf and hits you on the head.
The list of things that may cause someone to trip, slip and fall on another’s property are endless. Common forms of premises liability claims include:
No. A premises liability case do not solely involve trip, slip and fall situations. A premises liability case can involve many other situations. Other events that can be included in a premises liability case include: faulty smoke detector: poor quality of fencing or no fencing used to protect from hazardous areas; defective railings; criminal conduct on the property; and electrocutions or burns.