Property owners and managers owe their visitors a safe and serene environment. When they fail to uphold this duty and injure their visitors through negligence, they will be liable for the ensuing injuries.
“The authorities enacted the premises liability legal concept to hold property managers accountable for the mishaps and harm within their premises. When you sustain an injury on a property, you must know how to react appropriately for maximum compensation,” says personal injury attorney Arthur Schechter of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.
This piece explains how premises liability works in a personal injury matter:
The Place of Premises Liability in Personal Injury Matters
Premises liability plays a crucial role in establishing responsibility and probable payout in personal injury cases. If you can prove that a property owner was negligent in keeping a safe environment leading to your injury on their property, the owner can be liable for your injuries and losses.
Examples of negligence in this instance include ignoring proper signage for hazards, lack of proper security measures, and failure to repair threatening conditions. When you fail to prioritize the well-being of visitors, you become liable for any resultant injury.
Typical Premises Liability Cases
Premises liability cases come in different shades. It is crucial to understand the specifics to help you prepare an acceptable claim. They are:
Slips and Falls
People often slip and fall on slippery walkways, wet floors, or rough surfaces. Property owners or managers should regularly check their property to ensure the absence of these conditions. If they notice anything unusual, they should inform visitors of probable risks or quickly take off the hazards.
Faulty Maintenance
Premises liability claims also arise from faulty maintenance like broken stairs and falling items. When property owners routinely check their properties, they can notice faulty items and attend to them proactively.
Porous Security
Property managers are responsible for any assault or harm that visitors sustain due to the porous security system. If you consider some parts of your premises as flashpoints, you must provide adequate security and lighting to protect visitors.
Factors That Determine the Outcome of Personal Injury Claims
It is crucial to understand the elements that influence personal injury claims. You must establish these elements in your claim to stand a chance of recovering compensation. These factors are:
Duty of Care
You must establish a property owner’s duty of care toward you in a premises liability claim. The law commands property owners to maintain safe conditions for their visitors. If they fail on this, causing your injury, you can hold them liable.
However, it is essential to note that the duty of care an owner owes you depends on your status as a visitor. An owner must address hazardous conditions and keep the premises safe.
Conversely, if you are a trespasser who enters the property unlawfully, the owner only owes you a minimal duty of care. Under this condition, you cannot hold them liable for any injury, except they demonstrate wanton misconduct.
Visitors and property owners must understand these differences to properly comprehend their individual roles and responsibilities. You must operate within the ambit of the law to stand a chance to recover damages.
Violation of Duty
To establish premises liability, you must prove that the property owner or manager violated their duty of care toward you. In other words, you must prove that the owner was aware or should have been aware of the dangerous situation but ignored it. You need maintenance records, witness testimonies, and security footage to uphold your claim.
Through the maintenance records, you can know when last the management serviced or repaired the equipment. If the timeline is unduly long, it shows the owner was negligent and liable for your harm.
Similarly, you can obtain security footage to provide a visual image of the events leading to the mishap. You can use the footage to explain how the owner’s actions or inactions led to your accident.
People also use witness testimonies to buttress their points. They serve as an additional layer of evidence, giving a neutral account of events and the owner’s liability. However, a witness’s testimony must align with your claim to achieve its intended purpose.
Causation and Damages
You must prove that the owner’s breach of duty is directly responsible for your injuries and losses. You need medical records, police reports, and other pieces of evidence to establish this claim.
The severity of your harm and damages will determine your payout. Your attorney knows how to calculate and insists on the right amount. Generally, you can recover compensation for medical costs, lost earnings, and pain and suffering.
The insurance adjuster will devise different strategies to manipulate you into accepting a lowball offer. They may even dissuade you from engaging an attorney, often referring to it as a waste of money. It is essential to understand that it is part of their antics to cheat you.
That is why you must focus on healing while a lawyer is present at the negotiation table. They know the worth of your case and will not bulge until the insurer offers the right amount. If they are recalcitrant, your attorney will threaten to proceed to trial.
The Perspective of Law and Roles of Property Owners
Knowing your legal roles as a property owner will help you minimize the risks of premises liability claims. It is crucial to proactively inspect your property, give clear hazard signals, promptly repair faulty items, and provide adequate security.
In addition, you must understand local laws and regulations guiding property management and safety. You should consciously understand what federal and state laws say concerning property management to safeguard yourself from legal impasse.
Final Words
If you fail to provide a safe environment for your property visitors, you must be ready for the legal consequences. The law will consider duty of care, violation of care, and causation to decide on fault and compensation.
If you want to institute a personal injury claim against a property owner, it is essential to involve a local personal injury attorney who can help you get the desired outcome. They will protect your rights, offer you the right strategies, and represent you until you achieve your desires.
