Premises liability is a situation where someone is injured on someone else’s property due to a dangerous or faulty property condition. If you’ve been injured in this type of scenario, an experienced premises liability lawyer could help you figure out what you are owed and if you have a viable case for a personal injury lawsuit.
To enter and win a personal injury lawsuit, you need to prove beyond a reasonable doubt that the property owner was negligent when it comes to the property’s unsafe state. Just because you have an injury that you got on a piece of property is not necessarily enough to win you the case; you will need to present evidence and an argument of the situation as well as prove that the owner was aware of the issue and still did not pursue the correct course of action to keep his property safe.
Clients may also be interested to know that just because the property is dangerous or was in a dangerous state does not necessarily mean that the owner was negligent, so it is up to you and your lawyer to prove that the owner was knowingly in the wrong and you were harmed as a result of this awareness and consequent lack of action. You must also consider the owner’s duty of care, in which the property owner makes sure that the property is constantly safe regardless of who gets access and entry. However, some states limit the owner’s duty in relation to the injured person’s status, a.k.a. whether they were invited to be on the property or were breaking in and trespassing illegally.
You must usually have consent to be on the property for a lawsuit to fly with the court. However, if you have been invited to a property or were there with the welcome and consent of the owner and especially if you are family and friends, you may have a case. Being invited over to a birthday party for your nephew and falling into a hole that the owner had dug but not filled in and fracturing your leg would be well and good grounds for filing a liability suit. Homeowners are legally required to inform people on their property about situation or thing about it that is dangerous, at least enough to give rise to injuries. If you were on someone’s property and were not alerted and were injured as a result of this scenario as well as a lack of being alerted to the case, you have grounds to file a claim and get compensated for your injury, distress, medical bills and more.
You may have grounds for a suit as well if you have tripped and fallen, become injured as a result of neglected or poorly maintained property. Falling or slipping on snow or ice, wet floors, oiled floors, loose rugs, falling apart staircases and more would be viable examples of owner negligence. If you or someone that you know is dealing with this type of situation and have had to be hospitalized or experienced distress and suffering over your injuries, consult The Law Offices of Payas, Payas, and Payas today.