When entering someone else’s property, it is sometimes all too easy to get hurt. You may not be as familiar with someone else’s property as you are your own, and you may not be aware of certain hazards that exist on the property. However, if you are injured by a dangerous condition that the property owner should have remedied before it hurt you, you may be eligible to receive compensation for your injuries. A Disparti Law Group premises liability lawyer may be able to help.
There are many issues involved in premises liability lawsuits, though, and any one of them could hurt your chances of getting that compensation if you do not have an experienced personal injury attorney by your side to help you avoid them. So, if you are hurt on someone else’s property and would like to file suit for damages, speak to a premises liability as soon as possible about your claim.
Property owners owe everyone that enters their property a certain duty of care, but this duty differs depending on the type of visitor that is on the property. The law places visitors in one of three categories: invitees, licensees, and trespassers.
Invitees are people that are on the property for business purposes, such as a customer entering a store. Licensees are people that have permission to be on the property, but will not be conducting business while there, such as a social guest.
Property owners must take ordinary care to keep both invitees and licensees safe. This means that they must fix any conditions that could be hazardous and cause harm to those entering the property. Property owners must also warn these visitors of any hazardous conditions.
The third category of visitors on a property are trespassers. These are individuals that do not have permission to be on the property. In most cases, property owners do not have any legal obligation to trespassers other than not intentionally causing them harm.
After becoming injured on someone else’s property and filing a lawsuit, an injured individual must prove that their premises liability claim is based on valid grounds. A premises liability lawyer in could be particularly helpful with this element of a client’s case.
In order to prove a premises liability claim, the injured individual must demonstrate that there was a dangerous condition on the property and that the property owner should have known about the condition. They must also be able to prove that there was no way they could have known about the danger themselves.
After proving these elements, a successful plaintiff must also be able to prove that the property owner failed in their duty to protect them from the risks on their property. Finally, they must show that they suffered injuries as a direct result of the dangerous condition.
Compensation in a successful premises liability case can cover the costs of all medical bills associated with the injury, including those the injured individual may face in the future. It could also make up for any lost income if the accident victim is left unable to work. In addition, potential non-economic compensation may be sought for intangible losses such as pain and suffering and emotional trauma.
In many cases, property owners try to lower the amount of compensation they may have to pay or avoid it altogether. The most commonly do this by stating that the injured individual should have known about the hazard and did nothing to protect themselves from it. A premises liability attorney could work to refute these claims and get their client the maximum amount of compensation they may be eligible for.
Injured individuals have only two years from the date of the accident to file a premises liability claim. Any claims made after that two-year time limit has run out will likely be thrown out of court.
This is just one reason why anyone injured on someone else’s property should speak to a Disparti premises liability lawyer as soon as possible after their accident. Time may be running out on a claim and you do not want to lose the compensation you may be entitled to, so call today to schedule a consultation.