A premises liability case is a legal claim that allows injured individuals to seek compensation if they are hurt due to unsafe conditions on someone else’s property. Nobody ever expects to have an accident when they step foot on someone’s property, though, so you might understandably wonder: What is a premises liability case?
It is a type of personal injury lawsuit you can file when a property owner breaches their duty of care toward you. Learning about premises liability can help you secure a favorable settlement from the negligent party.
What Is Premises Liability in Personal Injury Law?
Premises liability is the implicit responsibility that all property owners have toward their guests. In the field of personal injury law, property owners are liable for any damages incurred by others due to a hazard on the premises that the owner did not address reasonably.
Common types of cases include:
- Slip and falls: Wet floors, uneven surfaces, and poorly maintained or icy walkways can cause dangerous falls.
- Dog bites: Owners can be held liable if their dog attacks a visitor.
- Swimming pool hazards: Lack of fencing, improper signage, or hazardous conditions can lead to drowning or injuries.
- Damaged sidewalks or stairwells: Broken handrails, unsafe stair steps, or damaged sidewalks can cause falls or other issues.
However, premises liability and negligence are two different things. All personal injury cases hinge on the claimant’s ability to prove the at-fault party’s negligence. Premises liability is just one form of negligence. Depending on the type of accident, it may be possible to hold the other party liable for multiple types of negligence.
What Happens During a Premises Liability Case?
The first thing that happens when you decide to pursue a premises liability case is filing a claim against the property owner. Your claim should include details about the incident and your resulting injuries, as well as your reason for believing the property owner behaved negligently.
After the other party responds to your claim, the case will move to the discovery phase. This is when both sides will conduct thorough investigations and present all relevant evidence.
Most cases are resolved without going to trial. During negotiations, each side will make offers and counteroffers until you arrive at an agreeable settlement. If the insurance company never makes a satisfactory offer, though, you have the option of taking your case to trial.
When Should You Hire a Premises Liability Attorney?
These cases can be complex, especially when property owners or their insurers deny responsibility. It is generally a good idea to hire a premises liability attorney as soon as possible. They can provide guidance on what to say to the other party’s insurance company. They can even handle the process of filing a claim for you.
Speaking to a personal injury lawyer will give you the chance to ask how much your claim is worth. This will help you know what to expect as you begin the negotiation process.
However, it is never too late to hire an attorney as long as you have not accepted a settlement offer yet. At any point in your case, involving an attorney will ensure you have an experienced advocate who can investigate and negotiate to give you the best possible chance at recovering maximum compensation.
Sargon Law Group Can Help With Your Premises Liability Case
Handling a case like this alone can be overwhelming, especially if you need extensive medical treatment afterward. Our team at Sargon Law Group can help you understand what a premises liability case is like and assist you at every step of the claims process. Contact us today to schedule a free consultation with our attorneys in Arizona, New Mexico, Colorado or California.