6 Must-Know Facts About Premises Liability
The legal ramifications and specifics of premises liability suits are incredibly tricky. Especially if you’ve never been involved in this type of personal injury suit, the process of going through it can become overwhelming. Finding proper legal representation, and educating yourself about the nature of premises liability law becomes the best way to prepare yourself, however. To assist you on this journey, here are six critical must-know facts about premises liability law and lawsuits:
1. Defining Premises Liability
Before you can educate yourself about other key elements of premises liability law, you must understand a legally-sound definition of this key type of personal injury law. Currently, many legal professionals define premises liability as “an area of law in personal injury cases where a person is injured due to unsafe conditions of negligence on someone else’s property.” Maintaining “reasonably safe” conditions and following local code laws are two major responsibilities that every property owner has to take into consideration (especially if they are running a private business). That being said, many property owners are not held liable for injuries on their property that are caused by openly and obviously dangerous activities. Knowing your rights is key here, so hiring an attorney that specializes in premise liability is highly recommended.
2. The Common Types of Premises Liability Cases
If you suspect that you’ve sustained an injury (through no fault of your own) that qualifies you for a premises liability claim, it’s important to understand the most common types of premises liability cases that are filed. Slip and fall accidents and accidents resulting from negligently maintained properties are the most common example. However, animal attack injuries, improper security measure injuries, and other negligence-caused injuries are commonly seen in courtrooms across America every single day as well. Because each injury and case are different, however, there are many more potential injuries and situations that can lead to a premises liability case being filed. The healthier your mind and body are, the more likely you’ll be to avoid being injured if you fall at a negligently maintained property.
3. Property Owner Rights and Considerations
Just because an injury occurs on someone’s property, it does not automatically put them at fault. Quality premises liability injury attorneys help protect both potential victims of injuries and the property owners that are being accused of negligence that led to said injury. Understanding that many different elements of proof must be presented for a property owner to be held liable is key, after all. That being said, it should always be a top responsibility of any property owner to ensure that their property is safe for the public (especially if they are a business owner or manager).
4. Your Insurance May Cover Damages
Property insurance is a necessity for every business owner, and for property owners that expect the public to be on their property frequently. While not every premises liability suit will be covered through your property insurance, this is one of the most common ways property owners both protect themselves financially and ensure that they can properly pay compensation to any victims that are injured on their properties as a result of negligence. These policies can cover everything from medical expenses to wage loss, and some locales legally require business owners to have property insurance.
5. Documenting Every Step of the Process is a Must
Whether you’re the property owner or an injured pedestrian, documenting every step of the premises liability process is crucial. From the moment the accident occurs to the moment you first interact with the court (and beyond), proper documentation will help things run smoothly. For victims, having heavy documentation of the accident scene, accident reports, your injuries, and the costs you’ve accrued due to your injury, will help you gain the restitution that you deserve.
6. Premise Liability Lawyers are Available to Represent You
Even if you’re uncertain as to whether your injury qualifies for a premise liability suit, there are lawyers out there ready to help you through this process. Their help and knowledge will allow you to live your life comfortably post-accident and will help you seek justice. For property owners who want to challenge a premises liability suit, there are also many legal firms out there who are willing to go to bat for you.
Stay Safe When You’re on Unfamiliar Property
Especially when you’re visiting a property that you are unfamiliar with, be sure to consider the condition of the property and the legitimacy of its security precautions. Doing so will help you avoid tragic premises liability accidents. After all, because these accidents can be so stressful, costly, and overwhelming, you want to avoid them at all costs.
