Steven A. Bagen | August 26, 2024 | Personal Injury
Injury that occurs on someone else’s property triggers the state’s premises liability laws. The law requires that accident victims prove specific elements of a premises liability claim to recover compensation after an accident.
Having an attorney represent you in a premises liability claim is the best way to improve your odds of financial recovery after an accident. If you have suffered an injury on someone else’s property, contact an experienced Gainesville personal injury lawyer to learn more about your rights to compensation.
Please continue reading to learn more about how accident victims and their attorneys work together to prove a premises liability claim. If you have injuries from a recent accident, schedule a free consultation to discuss a possible case with a premises liability attorney near you.
What Is Premises Liability?
Premises liability law requires property owners and occupants to take legal responsibility for the injuries that visitors or customers suffer after an accident happens on their property. Premises liability law is a subset of tort law that allows an accident victim to recover for their accident-related injuries.
How Common Are Premises Liability Claims?
Unfortunately, premises liability claims are far too common. Acknowledging how frequently they happen gives us an eye-opening look into the reasons that property owners must safely maintain their premises.
What Do I Need To Prove My Premises Liability Claim?
Proving your premises liability claim involves demonstrating each element of negligence. The elements of negligence are duty, breach, causation, and damages. Generally, you must show that the property owner or occupant is responsible for the following.
Duty Of Care
An accident victim must prove that the property owner or occupant owed them a duty of care to help prevent an accident. The law categorizes every visitor as an invitee, a licensee, or a trespasser. The extent of the property owner’s legal obligation to the visitor depends on their status.
Invitees
An invitee is a person who is invited onto the owner’s property for business purposes. Invitees are usually customers who patronize the owner’s business, like a shopper at a grocery store. The law enforces the highest duty from property owners and occupants toward invitees.
Licensees
A licensee is a social guest. For example, if you visit a friend’s house for a barbeque, the law considers you a licensee, and the property owner must ensure that they correct known dangerous conditions. Property owners may also be liable for failing to correct a dangerous condition they should have known existed.
Trespassers
A trespasser does not have permission to enter the owner’s property and, thus, is afforded the least amount of protection under the law.
Breached Duty Of Care
The visitor must prove that the property owner or occupant breached their duty of care. Breach of duty of care can include actions like failing to warn visitors about hazardous conditions, failing to repair a dangerous condition, or failing to maintain the property in a safe condition.
Causation
A premises liability plaintiff must also prove that the owner’s breach of their duty of care caused their injuries. Generally, that means there must be a proven connection between the property owner’s failure to maintain a safe property or warn or fix a dangerous condition that caused the victim’s injuries.
Damages
Damages include any losses that an accident victim incurs because of the accident. In a premises liability case, the plaintiff must provide evidence that the damages they suffered resulted from the accident. Examples of potential damages that an accident victim might face after being injured on someone else’s property include:
- Current and future lost income
- Lost earning capacity
- Current and future medical bills and expenses
- Proof of pain and suffering
The above elements must be proven to recover for a premises liability claim. Failure to prove even one element is fatal to a negligence claim. An attorney can evaluate the facts surrounding your case and help determine whether you have a viable premises liability claim.
Did The Defendant Have Control Over The Property?
Premises liability plaintiffs must show that the defendant had control over the property at the time that the accident happened. Control means that the defendant owned or controlled the property at the time of the accident. Whether the defendant has control over the property is usually clear. Control over the property creates a legal obligation for the defendant to inspect the property and fix or remove dangers to ensure that the property is in a reasonably safe condition.
Should I File An Insurance Claim or Personal Injury Lawsuit?
After a premises liability accident, there are two main sources of recovering compensation. Most accident victims either file an insurance claim or a personal injury lawsuit to get paid after an accident.
Insurance Claims
Many accident victims start their journey to financial compensation after an accident by filing an insurance claim. An insurance claim typically covers the cost of paying to treat injuries and cover other damages. Usually, liability insurance is available for both residential and commercial properties.
Personal Injury Lawsuits
After a premises liability accident, a personal injury lawsuit is an option. Premises liability plaintiffs might file a personal injury lawsuit if the property owner does not have liability insurance. Filing a lawsuit is also an option when the insurance company does not offer a satisfactory settlement agreement.
Filing a lawsuit can be intimidating. If you have not hired an attorney at this point, you should hire a lawyer to help you. A Gainesville personal injury lawyer knows the procedural rules you must follow to ensure your claim is not dismissed.
No matter how you choose to pursue compensation after an accident, the help of an attorney can go a long way to getting you the full and fair compensation you deserve.
What Should I Do After a Premises Liability Accident?
What you do in the immediate aftermath of an accident is critical to the success of your claim. Consider taking the following steps after getting hurt while on someone else’s property.
Seek Medical Attention Immediately
Your physical well-being is the priority after an accident. Seek medical attention immediately to ensure you are not suffering from a severe injury. Consider that some injuries, like internal bleeding and organ damage, cannot be discovered unless you get a medical examination.
After getting medical assistance, you must follow your doctor’s instructions exactly. Failure to attend follow-up appointments, for example, can give insurance companies what they need to argue that your injuries are not as serious as you claim.
Report The Accident
Immediate reporting of the accident is important to creating a timeline of the accident, including the details. Make sure to report the accident to the property owner, property manager, occupier, or landlord as soon as possible after an accident.
Contact a Lawyer
Speak to a premises liability lawyer as soon as possible after getting injured on someone else’s property. Immediately contacting an attorney is the best way to start protecting your legal right to financial compensation after an accident.
Are There Potential Defenses To a Premises Liability Claim?
There are potential defenses that a property owner or occupant might raise to defend themselves from a premises liability claim. A defendant might argue that you were either fully or partially at fault for causing the accident. Another potential defense is that the dangerous condition that caused your injury was open and obvious, or that you were trespassing at the time. An experienced premises accident attorney can help overcome these defenses.
How Long Do I Have To Sue After a Premises Liability Case?
Accident victims do not have unlimited time to file a claim or lawsuit after an accident. Each state has a statute of limitations for filing a case. The statute of limitations is a deadline set by law that limits the time to settle or file your case. Missing the statute of limitations is fatal to your case. An attorney will help ensure that you comply with the statute of limitations, among other procedural rules, to protect your legal claim.
Where Do Premises Liability Accidents Happen?
A premises liability accident can happen anywhere that an owner or occupier has the opportunity to negligently maintain their property, including the following.
- Restaurants and bars
- Commercial properties
- Shopping malls
- Hotels and resorts
- Private homes
- Rental Properties
- Government buildings
- Sidewalks and streets
- Hospitals and healthcare facilities
No matter where the accident occurred, you have the legal right to compensation for your injuries. Contact a Gainesville personal injury lawyer for assistance and share the details of your accident with your representative.
Common Injuries In Premises Liability Cases
An accident victim can face numerous types of injuries after an accident that happened on someone else’s property. Injuries can range from minor to very serious. Injuries are caused by many factors, too. Some reasons that accidents happen include the following.
- Hazards on the property which the owner knew about before the accident or should have known about before the accident
- Dangerous conditions are present on the property
- Inadequate security leads to criminal activity
- Slip and fall accidents due to slippery floors and walkways
- Weather conditions
- Escalator or elevator injuries
- Amusement park accidents
- Swimming pool injuries
- Inadequate property maintenance
- Animal attacks
Some of the most common injuries that accident victims face include the following:
- Broken bones
- Lost limbs
- Spinal cord injuries and paralysis
- Bruises and other soft tissue injuries
- Head injuries, concussions, and traumatic brain injuries
- Wrongful death
Working with an attorney is the best way to recover financially after an accident. Discuss the details of your accident with your attorney to improve your odds of recovering full and fair compensation for your accident-related losses.
How Can a Premises Liability Attorney Help Me?
An experienced premises liability accident attorney is a valuable source of guidance and support after an accident. Some of the most practical ways that premises liability attorneys can help victims include the following.
Give Legal Advice
Access to sound legal advice can give you peace of mind throughout the claims process. Premises liability laws are complex and vary by state. An experienced premises liability attorney will understand how your state’s laws apply to your case and will impact its outcome.
Provide a Case Evaluation
A premises liability lawyer will use their knowledge and experience to evaluate your claim and potential right to compensation after an accident. An attorney will review evidence like witness statements, pictures of the accident scene, your medical records, and other relevant documents to discuss the viability of your claim.
Help Gather Evidence
An attorney can help access the resources to gather critical evidence to prove your premises liability claim. Some of the most crucial evidence that can support your claim include expert opinions, accident reports, surveillance footage, maintenance records, etc.
Help Establish Liability
The party who is liable for causing the accident is responsible for paying for the victim’s damages. Therefore, establishing liability is necessary to your premises liability case. An attorney can help you by working to establish that the property owner or occupier has a legal duty to help prevent your harm.
Negotiate With Insurance Companies
Many civil accident cases are resolved during the negotiation phase of an accident claim. This process is important, so you should have an experienced advocate working on your behalf. An attorney is knowledgeable and has experience working with insurance companies and adjusters. Your lawyer can help negotiate with the insurance company while avoiding common bad-faith tactics that adjusters use.
Represent You In Court
If you and the insurance company cannot reach a satisfactory settlement agreement, your attorney might file a lawsuit on your behalf. Navigating the court system can be scary and overwhelming. Fortunately, you do not have to do so alone. An attorney will help persuasively present evidence in court and argue on your behalf before a judge or jury.
Contact a Premises Liability Attorney Today
If you have suffered an injury in an accident that occurred on someone else’s property, you might have a claim for financial compensation. The best way for you to protect your legal rights after an accident is to work with a premises liability attorney. Contact a Gainesville personal injury lawyer immediately to begin your journey to full and fair compensation.