Premises Liability: When are You Eligible to File a Claim?

Premises liability often comes into play with personal injury cases caused by unsafe environmental conditions on someone’s property. Employers and property owners should maintain a safe atmosphere for their employees and visitors. Failure to comply may prompt victims to file a premises liability claim if the property owner is at fault.

Most premises liability negligence cases stem from slip and fall accidents to catastrophic accidents such as fire breakouts and toxic fumes on the premises. These accidents can cause detrimental health issues and endanger innocent lives, so if you are injured, premises liability lawyers can help you file a claim and get you the compensation you deserve.

Causes of Premises Liability Cases

In premises liability cases, the victim’s injuries range in severity.

However, as long as the premises liability lawyer proves the accidents result from the owner’s negligence, you can file a premises liability claim and gain compensation.

Here are everyday situations that may give rise to premises liability cases:

• Slip and fall accidents: Some potential hazards contributing to slip and fall accidents include cracked steps, wet floors, and broken stair railings.
• Dog bites: The property owner is responsible for keeping animals such as dogs that bite visitors or passersby under leash.
• Insecurity: In cases of robbery on the property, you may be exposed to battery, assault, or rape, leading to emotional distress.
• Gas explosions, chemical, and radiation exposure: Exposure to toxic chemicals may hold them liable for the resultant injuries. 
• Faulty machinery: Accidents from defective machinery on the property can result in accidents and injuries.

How To Become Eligible for a Premises Liability Claim

The law states that property owners are responsible for keeping their premises safe but proving the owner neglected their duties becomes easier if an injury has occurred. So, with the help of a premises liability lawyer, you can make a successful claim.

However, to recover compensation for the damages and injuries, you must present elements that garner an excellent premises liability claim.

Your Legal Status

As a premises liability victim/ plaintiff, you must prove that you were an:

1. Invitee: Suppose the establishment was a restaurant; you must prove you were there as a customer seeking hospitality services.
2. Licensee: An individual who had implied consent to being at the property. For example, if you are a salesperson or contractor, the defendant owes you a duty of care.

It is challenging to get compensation if you are a trespasser. Premises liability claims only hold owners responsible for injuries to the victims with legal or valid access to the property.

Prove the Owner’s Breach of Duty

After establishing your legal presence at the property, your lawyer must prove that the accident occurred due to the owner’s carelessness or negligence in the safety conditions.

For example, without any hazard warnings, the owner ignored safety measures if you sustained injuries or damage from falling objects at a construction site.

Provide Evidence of Injuries and Damages

When trying to prove that someone else caused your injuries because of their negligent actions, consider.

1. Issuing medical records and bills that portray the severity of your injuries.
2. Provide photo evidence of the accident scene.
3. Issue an eyewitness testimony to prove the accident occurred.
4. Present legal documents proving you have lost work, wages, or income due to the injuries.
5. Present valid police reports if they came to the scene of the accident.

These documents can help you build a strong case against the property owner and a step further into attaining your compensation.

Conclusion

If you have suffered a premises liability injury, you may need help from a premises liability lawyer. They may help you make a valid claim in court by reconstructing the accident and gathering evidence of the defendant’s fault or negligence to provide safe environmental conditions.

You can receive compensation for your troubles, provided the plaintiff can prove the property owner’s fault. So, follow the above guide to help you with your needs.