Premises Liability Lawsuit 2024 - What the Injured Party Need to Prove
It occurs when a person is injured because of the property owner’s negligence. In addition, the injury itself is not enough to prove negligence occurred and compensation awarded.
All you need to do is find the best premises liability lawyers near me and fight your case without any hassle. They will provide you with proper guidance on how to file a lawsuit, how they can help you, and how both of us can make stronger evidence to win the case.
Elements of a premise liability case
1. The defendant is legally bound to the property:
The defendant is the person bringing the premises liability lawsuit. He must be legally bound to the property in some way, whether that means showing the defendant leases, owns, or operates the property. However, if the defendant is not responsible for what happens on the property, you cannot sue this person.
2. The defendant acted negligently:
Negligence is a failure to perform proper care in a specific situation. Therefore, if the property owner stops to keep his premises safe and the injury occurs, he must be held liable for his lack of care. An example, a property owner knew his steps were broken but still failed to fix them in a reasonable time period.
3. The plaintiff was injured:
You cannot win a negligence lawsuit if the injuries were not sustained. Therefore, you need to visit a doctor after a premises liability accident, even if you think your injuries are minor. The doctor can evaluate your medical state and write a professional assessment of the injury. These medical records can exponentially help the case.
4. The defendant’s negligent action leads to injuries:
For a negligence lawsuit to be pursued, you must have sustained an injury that was directly related to the property owner’s negligence. From the example above, if you fell on the broken steps and sustained an injury, your injury occurred because of the defendant’s failure to keep a safe property.
Types of cases happen in a variety of places
- Amusement parks.
- Construction sites.
- Homes.
- Businesses.
- Backyards.
- Stores.
- Parks.
Working of a premises liability case
Since premises liability cases are based on who is at fault, the injured person needs to prove that the property owner was negligent in their accident. In other words, the property owner must have breached their duty to exercise ordinary care to keep their premises safe.
Therefore, when a property owner is responsible for an injury accident on their property, they will be liable for all the damages they face because of their injuries. Moreover, to get a fair average premises liability settlement, you need to file a claim with the insurance company to seek compensation for your injuries.
Liability according to a person’s status on the land
The historical approach used in various jurisdictions to know the defendant’s standard of care depends upon the status of the person entering the land. Nevertheless, there are three basic statuses. It includes invitees, licensees, and trespassers.
Invitees:
The invitee is someone who enters the land for financial benefit. To invitees, a defendant owes the duty of reasonable care to manage the premises accurately. This duty includes an affirmative obligation to ensure the property is reasonably safe for others.
Licensees:
A licensee is any person who holds the express or implied permission of the defendant to enter the land. Social guests, for example, are licensees. However, if the social guest is asked to leave the property and refuses, he or she becomes a trespasser. Therefore, to licensees, a defendant needs to fix the concealed dangers he knew about of which the licensee was unaware. The top premises liability lawyers will help you get a fair average premises liability settlement.
Trespassers:
A trespasser is a person who enters or remains on the land of another unlawfully. In addition, to trespassers, the defendant owes no duty except to refrain from willfully and wantonly harming the trespasser.
Liability according to the ordinary negligence
Most of the jurisdictions have abolished this “status”-based approach and simply use the reasonable person standard for all entrants onto the land.
Under this method, the defendant possesses a duty to warn of known and latent dangers that are not unknown to you and which you could not reasonably discover on your own. This duty increases the dangers that the defendant should have known about if he or she exercised reasonable care. Choosing the right premises liability attorneys will help you clear all your doubts accurately.
Parties that can be used for premises liability
- Homeowners.
- Store owners or operators,
- Business owners.
- Tenants.
- Landlords.
- A city or state government.
- General contractors.
Compensation for a premises liability case
If the evidence shows that your premises liability injuries were the result of negligence, you can demand fair and just compensation for every type of damage you suffered. According to the unique circumstances in your case, you will be able to get a fair average premises liability settlement for the following types of damage:
- Pain and suffering for all physical and emotional injuries
- Mental anguish.
- Loss of enjoyment of life.
- Lost income.
- Future pain and suffering, if it is determined that your injuries are permanent.
- Past and future medical expenses.
- Rehabilitation costs.
- Loss of earning capacity.
- Home care.
- Transportation costs.
You may be entitled to seek additional types of damages for other injuries not listed here. Speak with an experienced and dedicated premises liability lawyer to protect your rights. The sooner you call an attorney, the sooner you can begin to build a strong claim for maximum compensation.
Do you want to get a free case review to determine if you have a valid premises liability case against a property owner? Ethen Ostroff will understand your premises liability lawsuit and determine which strategies will help you recover compensation in as little time as possible. In addition, we also provide you with the best references that can help you win your case with a hassle-free procedure.
