The world is an unpredictable place. Neither do we know what the future holds for us and nor do we know the consequences a simple accident can have. People get hurt at their home all the time, but it’s never as bad as getting hurt at a place you’re unfamiliar with. Getting injured because of a dangerous condition on someone else’s property like a general store or their home is never easy. You’ll be left to deal with the damages all by yourself, which can be made better if you decide to go with a premises liability lawyer. These lawyers work solely on getting compensation for those who have been injured on someone else’s property.
A premises liability claim, like most claims, can provide compensation for those who deserve it. Filing this claim properly and in accordance with the state rules and regulations is not easy for everyone. You need a good premises liability lawyer by your side to file your claim and get the compensation you deserve. You might’ve heard that a premises liability case is similar in most ways to a personal injury case. A personal injury claim, like a premises liability one is usually denied by the insurance companies so they don’t have to spend money out of their pocket. This is why having legal representation in these cases is important and shouldn’t be overlooked.
What Exactly Is A Premises Liability Claim?
What one might think is a type of personal injury case is in-fact a completely different claim on its own. The premises liability claim is one that allows someone to recover compensation in a settlement or deposition if they’ve been injured on someone else’s property due to their negligence. To get this compensation, one must prove that:
Duty of Care: If you feel like another party that has caused injuries to you physically or mentally previously owed a duty of care to you, filing a premises liability claim will be easy. When someone’s organization breaches their duty of care, they are held accountable for all the damage this breach has left someone with. In this case, it could be a landlord or tenant, or even the owner of the bakery down the street. The party you’ll be filing a premises liability claim against can be a person, a business, or even a government agency. This is why it’s important to have a negligent security attorney by your side, so you can get compensated if ever damaged by someone else’s negligence.
In premises liability cases, common law has defined the duty of care that property owners or occupiers owe to their visitors. These visitors can be put into three categories.
Invitee: An invitee is known as the individual who has a purpose for his visit at an owner’s business. Let’s take a store customer as an example: The store owner will have to exercise his duty of care by keeping the property in a safe manner so the customer is protected from any risks that might cause them harm. Even maintaining the store properly is part of a store owner’s job, if the customer discovers the risk by himself or herself, they can file a premises liability claim.
Licensee: A licensee can be put in two types of categories of visitors, let’s go over them both:
- Licensed By Invitation: The person visiting another as a social guest is known as a licensee by invitation. You can go to your neighbor’s home for their birthday party and as long as you’re invited, you’re a licensee by invitation. The owner of the home must provide reasonable care while also alarming visitors of any risks in the property. The owners themselves can’t engage in any behavior that is wrong and harmful to the visitors. If this duty of care is breached, you can sue the concerned party in a premises liability claim.
- Bare Licensee: When a person visits another person’s business or their home, but for their own purposes, they are known as a bare licensee. A salesman is a great example of a bare licensee. Since they go door-door throughout the day, they usually catch people in a bad mood, often getting hurt in the process. This is why the premises liability claim is out there, so people can get compensation if they are a casualty of someone else’s wrongdoing.
Trespasser: When someone visits someone else’s property without the permission of the owner, they’re known as trespassers. Although a trespasser falls into a legal grey area, an owner must avoid being dangerous since engaging in misconduct can be as harmful to the owner as it can be to the visitor. For a child trespasser, the owner must provide a higher duty of care.
Many insurance companies out there try to deny a personal injury or premises liability claim. They try to challenge the status of the injured visitor, often getting away with it. They claim that the owner of the property owed a duty of care that was not breached, hence proving they weren’t liable for any injuries faced. This is why hiring a premises liability lawyer is important, so you’re not undermined by an insurance company.
What Are The Different Cases Of Premises Liability Claims?
A good premises liability lawyer can help tons of cases. Although some of these cases lie under the scope of personal injury cases, they are somewhat different. Let’s see what kind of cases can qualify as a premises liability claim:
- Slip And Falls: One of the most common types of personal injury cases is also one that can be included in a premises liability claim. It’s okay to sometimes be lost in thought while going somewhere, what’s not okay is when being distracted leads to a slip and fall. When some falls occur due to slick surfaces, or uneven surfaces. The person who slipped might not be at fault and recovers from their injuries and can file a premises liability claim to get compensated.
- Swimming Pool Accidents: Many accidents occur when a property is under maintenance or has been maintained poorly. Common public areas like a swimming pool area suffer from many accidents. According to a survey, “390 deaths a year on average are attributed to drowning in a swimming pool or at a spa”. Due to the poor supervision of people in a swimming pool area, many accidents occur. If you or someone you know has been a casualty of an accident at a swimming pool area, contact a premises liability lawyer.
- Negligent Security: When accidents occur at motels, shopping malls or apartments; it’s usually when the owners fail to alarm the residents or visitors about the safety risks involved in the property. When reasonable steps are necessary to take to prevent an accident are not taken, the owners can be held liable in a premises liability case.
- Neglect or Abuse In A Nursing Home: Many elderly residents of nursing homes go through various problems in the duration of their stay. From life-threatening falls to poor maintenance, the violations of the many safety rules and regulations can cause accidents that should never occur. A premises liability lawyer can take up a case like this and get settlements that can help people in the nursing home recover easily.
The simple truth is, every premises liability case is different from one another. This is why to deal with such a case, hiring a premises liability lawyer is important as they can focus on the specific facts in their client’s case. This allows them to build up a case and potentially get settlements that can set someone up for life. By compensating their medical bills, the person can easily recover from their injuries since they won’t be stressing out about being in a medical debt. In these cases, you should hire a premises liability lawyer and not a personal injury lawyer. Why is that?
When You Should Consider Hiring A Personal Injury Lawyer:
Have you ever found yourself in the aftermath of a serious injury? Being confused with how to handle the many important decisions you need to make? Don’t worry, a personal injury lawyer is out there for you. The people who think that hiring a personal injury lawyer is useless have never been in a situation where they have been left to deal with the aftermath of an accident by themselves. In the wake of such injuries, people usually find themselves drowning in medical bills. To help with these bills, they often seek settlements from the party that was responsible for the accident. The many personal injury cases people face throughout their life can have their value maximized by simply hiring the right personal injury lawyer.
Five Reasons You Need A Personal Injury Lawyer:
Let’s talk about five important reasons as to why one might need a personal injury lawyer to help them in a personal injury case.
Defining The Worth Of Your Claim: Most people who file a personal injury claim don’t usually know exactly how much money they should get out of a settlement. They often want too much, or too little. A personal injury lawyer on the other hand will know exactly how much you deserve after evaluating your case. After getting injured in an accident that wasn’t caused by you, people usually seek revenge by getting the responsible party convicted when they can do so much more by simply hiring a personal injury lawyer. A personal injury lawyer will look at your medical expenses, the permanent effect of your injuries, any income you’ve failed to get being unable to work and other damages. After this valuation, a personal injury lawyer will do everything in their power to get you the compensation you deserve. They can even fight the case in court if the responsible party isn’t negotiating in good faith.
You Can Focus On Getting Better: It’s been scientifically proven that a person can’t recover from any physical injuries if their mental health isn’t in the perfect state. This is why in most personal injury cases, people who are fighting their claim alone fail to get better and only build up their medical bill more. They will always be stressed out by overthinking their case. This is why it’s important that you focus on your mental and physical health and have a personal injury lawyer handle your case for you. Once your lawyer is able to get you the fair compensation you deserve, your burden will be reduced and you’ll find yourself back on track in no time!
Being Taken Seriously: Once you get a personal injury lawyer to legally represent you and your case, you’ll find out that you’re being taken seriously by an insurance company or in court. Many insurance companies get away with fooling people filing personal injury claims since these people don’t have a lawyer representing them. Even if they do make a settlement offer, it’ll be the furthest thing from reasonable. It goes pretty much the same way in a court; If someone represents themselves in a personal injury case, they’ll easily be run over by a good lawyer of the responsible party.
Filing This Complicated Claim: A personal injury claim isn’t like every other claim that might be easy to file. There are several issues in a personal injury claim, especially when there are serious injuries involved. Since cases like these usually bring out insurance policies from both sides, a normal person might get buried in the paperwork. A personal injury lawyer, on the other hand, will be well equipped to handle whatever’s thrown at them. They also understand how the terms of the insurance policies of each party apply to the facts of the case. This helps the lawyers build a case that not only concerns the present of their client, but their future as well.
No Risks Involved: When you contact an experienced law firm like Holliday Karatinos Law Firm, PLLC, you’ll be surprised at how easy it is to talk to your lawyer about your case. There are no risks involved in talking to your lawyer. It’s a judgement free zone that you can take advantage of, while also reaping the many benefits that come with it.