Top 7 Most Essential Things to Know About Premises Liability
Most people think that premises liability is something that happens in the movies. However, the truth is, premises liability is not just a Hollywood-created issue, and a person involved in the law of premises liability can never be too well-versed in it.
Premises liability is the state of being liable to damages to the owner of a building or premise when an injury happens to another person.
While a person might have assumed that he/she is safe within his/her premises, the law says that this assumption is no longer valid if the premises has been negligently maintained or a dangerous condition exists.
With the law of premises liability, the injured person can sue the responsible party of the premises, and can also collect damages for the injuries. However, it is important for the injured person to understand the basics of the law, as they are crucial for the entire claim and the final outcome.
If you have been involved in the law of premises liability, you will know that premises liability is a complex area of law. It involves all aspects of safety, property maintenance, and personal injury law.
While every state will have different laws regarding premises liability, the general principles that apply are the same, regardless of where you live.
It is imperative that you work with a premises liability lawyer to ensure that your case is handled correctly and effectively. Here are seven of the most important things that you can learn about premises liability from a lawyer who has 35 years of experience.
1. You Must Give Your Attorney the Names of the Parties Involved
As a preliminary matter, the lawyer will ask you for the names of all the parties involved in the accident. This is done for two purposes.
First, it allows your attorney to identify all the participants and witnesses in the event. It is very important that your attorney can access the names of every participant, as this will help him or her to determine the identities of the people involved.
Secondly, it helps your attorney gather all the documents that might be relevant to the case. If your attorney needs to depose witnesses, gather any evidence, and interview people involved, he or she will need access to those names.
2. You Should Have an Expert Witness Evaluate the Scene
There is no one better qualified to determine what happened in an incident than someone who was there. When it comes to determining what caused the accident and what injuries were sustained, you should call an expert witness.
This expert witness will go through the scene and make a determination as to what happened. If the experts have not been able to determine what happened, you should hire your own expert.
3. You Must Find the Responsible Party
If the premises owner does not maintain the premises, it is liable for anything that occurs. If a person gets hurt, the premises owner is liable for the damages.
This is why it is so important to find the responsible party. If you can determine that the premises owner is responsible, you can collect damages and receive compensation from him.
The 10 Most Important Things You Can Learn About Premises Liability from a Lawyer with 35 Years Experience
Premises liability refers to a situation where one individual who lives on a property is harmed by another person while using the property, and that person cannot sue the responsible party directly. A premises liability lawyer is well versed in this field because they understand how this type of lawsuit can arise and the different defenses that a property owner may raise.
The 10 most important things you can learn about premises liability from a lawyer with 35 years experience:
1. How premises liability lawyers determine causation
If a premises liability lawyer is hired to investigate the cause of the accident, he or she will collect evidence. In this way, they can prove that the injuries sustained by the plaintiff resulted from a dangerous condition of the property.
For example, if a child was injured while playing outside a property, the lawyer can prove that a defective sidewalk, a broken gate, or a slippery play area caused the injury. If a person was killed because of a falling object, the evidence may show that the structure was improperly designed.
2. Types of accidents that fall under premises liability
While some injuries fall under ordinary negligence, a premises liability lawyer has to prove that a person was injured by a defective condition of the property.
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An example of this would be a slip and fall accident. A slip and fall attorney is usually called upon to assist a person who slipped and fell in a store or restaurant. This type of accident often happens when a foreign substance was present on a surface that causes an individual to fall.
Other types of injuries that fall under premises liability may include:
• Dog bite
• Fall from roof
• Defective condition of stairway
3. Types of accidents that don’t fall under premises liability
The common law does not allow an individual to recover for injuries that are not caused by a defective condition of the property. However, premises liability lawyers must prove that an injury resulted from a defective condition of the property before they can be awarded compensation.
If a house catches fire, the injured party cannot sue the owner of the home for damages. A fire department investigation will establish that a defect in the wiring caused the blaze.
4. Premises liability lawsuit
After the lawyer proves the claim, he or she has to file a lawsuit in court. When filing a premises liability lawsuit, the plaintiff must prove that the defendant had a legal duty to make the property safe for the plaintiff.
5. Defendant’s defense
A defendant in a premises liability lawsuit will likely claim that they did not know or have reason to know about the danger. In addition, they may claim that they have not received prior notice of the injury and that the injury would not have occurred if proper safety measures were taken.
6. The plaintiff’s case
The plaintiff in a premises liability lawsuit will be required to provide the evidence that proves that the defendant did not do enough to prevent the accident.
