We all experience slipping and falling once in a while. This minor inconvenience can lead to a lawsuit when it causes severe injuries from a wet floor or an oily surface on someone else’s property. Researchers report that more than a million cases of falls end up in emergency rooms every year? This is how dangerous they can get.
Falls and slips are just an example of a premises liability. The damages that come with this liability can cause fractures in people or even death. Researchers report that more than thirty thousand people lost their lives from accidental slips in 2014. That is why we will enlighten you on the forms of premises liability, what the law says about it, as well as, what you should do in this case. Enjoy!
What are the common forms of premises liability?
These are numerous depending on the situation. Some of the common ones include:
- Dangerous property
- Swimming pool injuries
- Children on a premises
- Restaurant liability
- Slip and fall accidents
What you need to prove as the victim?
Every state has its rules regarding premises liability. While others are keen on your status in a premises, others consider the condition of the property. The action of owners and visitors can also be a consideration in some circumstances. Regardless of the factors, you will need to prove the following:
The defendant’s ownership of property
According to the law, you should verify that the defendant you are suing owned or leased the property in question. They can also be occupants of the property.
You also have to show how they were negligent for instance through low standards contrary to the set regulations. As the owner, they should exercise care by ensuring a safe structure for their business. For example, the staircases on the location should not be too stiff to cause falls.
The owner should also ensure that laborers that are doing construction work on the premises mark the area to make people aware of the risk of slips. Your case will be valid if you can show that the owner does not conduct regular inspections of the property to ensure safety.
You got an injury from the premises
You must show that you got an injury due to low standards set at the premises. You can prove these through any necessary treatment from the hospital to determine any fractures from the incidence. Expert testimony can also help you win the case.
You should show the relationship between your injury and their negligence
The correlation between the two should be clear for your case to be valid. This helps the jury determine that you had no physical problems before the incidence.
Your state on the land.
The status relates to what you were doing on the property. We can classify the condition in the following categories.
In this case, the occupant of the property invites you to their company. You could be there to benefit them through sealing business deals with them. The owner should provide a conducive environment free from any risks by maintaining safety measures.
You may not be invited to the building but rather, permitted. In this situation, you are privileged to be on the location as per the desires of the occupier. For instance, if you are a guest attending a function in the property, the law considers you a licensee, and not an invitee. The scenario calls for the owner to warn you on any risky situations. Unlike for a person invited, the owner has no obligation to maintain safe conditions for your stay.
This refers to unlawful entry into a defendant’s property without permission. The owner, in this case, does not have any duty to make you comfortable since you should not be on their premises in the first place. It is difficult to win a trespassing suit.
The only exception that the judge can consider is a child trespasser. You can sue an owner who maintains hazardous conditions for your child trespassing on their land. The owner is responsible for the child’s injury.
How should you handle a premises liability?
Report the case
Look for the manager in the premises and let them know of the incident. They should prepare a report for you outlining the exact cause of your accident. Ask for an extra copy and jot down their contacts for further communication.
Don’t leave the place without taking photos of where you had the accident. Capture the surroundings in your photos and keep copies if you need them. Talk to witnesses who might have helped you get up from your fall and ask them for their contacts. Preserve some pieces such as the clothing you were in when you fell on an oily surface, as well as, any damaged items you might have been carrying.
Go for a medical checkup
Visit a doctor immediately after the incidence. They can determine the intensity of your injury and give you medication to reduce any pain. They can also put you under medical care for easy supervision until you recover. The doctor who treated you after the incident can testify to the injury by documenting it. You can also keep copies of your medical statements.
Look for a personal injury lawyer
An experienced attorney determines your legal rights to help you know the process of compensation. They start by analyzing your claim to gauge its validity. If you have all the evidence including documentation and witness of the incident, you can work together to sue the landlord or occupier. Avoid signing any documents without your lawyer’s guidance.
Consider pre settlement funding
Pre settlement funding can help you in a crisis before you get compensation from the lawsuit. You can settle your medical bills and family expenses from these funds which they consider an advance, rather than a loan.
Premises liability can be a serious case which affects the victim physically and the family financially. Cases of children getting hurt on a person’s property or drowning in a public swimming pool are not new to us. Whether you are the owner of a particular premises or a visitor, you should prioritize safety above everything else.