Premises liability refers to the responsibility a property owner has of maintaining a safe place for guests and others who visit the property. They are accountable for accidents that result from negligence and for the injuries that occur.
An experienced personal injury attorney will understand that people who are injured when they visit a property should receive compensation for their medical expenses and other costs associated with the accident. They will fight for the rights of those victims and work to gain the maximum settlement amount for their clients.
Accidents and Injuries on the Premises
A person can slip and fall on a property or be injured by a dog bite. They may get hurt because of a malfunctioning piece of equipment. For example, a ride at an amusement park starts having issues which causes an injury to one of the riders. Premises liability insurance will pay for the damages.
Some people believe that the owner of the property is liable for all accidents. However, this isn’t the case. Rather, several factors determine liability, including the condition of the property and whether the owner should have or did have reasonable opportunity to know of the issues. It will also consider whether the person who was injured acted in an unsafe manner or disregarded the rules. Another consideration is if the visitor was legally allowed on the property or if they were trespassing.
When a property is occupied by someone other than the owner, such as with a tenant and landlord, it may be the tenant’s responsibility to ensure that the property is safe for visitors.
In some cases, both parties may be at fault. The property may have not been maintained properly, but the visitor may also have acted in a manner that wasn’t safe. In this situation, comparative fault must be determined. The injured party may receive a portion of the costs of their care in relation to the amount of liability they claim. For instance, if they were 30 percent at fault, they will likely only receive 70 percent of the costs of damages.
Injuries on the Premises
Some injuries are common when an accident happens on a property. Broken bones and head injuries are two of the most notable while burns and neck injuries happen frequently as well. A person may suffer an electric shock or a spinal cord injury that could cause long-term or permanent damage. In these situations, the cost of medical care can be extensive. The person may need multiple surgeries or long-term rehab to recover from their injuries. In some circumstances, they may never regain full use of their affected body part. Damages can easily add up to several thousands of dollars.
If you or your family member has been injured on someone else’s property, you may be entitled to compensation. Weiser & Associates offers a free consultation to review your claim and determine if you have a case. Contact us at 888-254-4697 or [email protected] to schedule a no-obligation appointment with our attorneys.