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premises liability
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PREMISES liability
Property owners and occupiers has a duty to keep their premises in reasonably safe condition. When they breach this duty, they can be held liable any injuries that can occur on the property. If you were injured on another's property, the physical and emotional impact can be extremely difficult to cope with and result in sever injuries. Moreover, you may face overwhelming debt from expensive medical bills, lost income, and other damages. Roberts Attorneys At Law can help alleviate your stress by answering your claims-related questions and fight for the maximum compensation you deserve.
Negligent Premises Owners
Premises liability injuries are evaluated under the negligence standard. Under a negligence theory, the injured party's premises liability attorney must prove four interrelated elements: (1) the property owner or occupier had a duty of care, (2) the owner or occupier violated this duty of care, (3) the violation of the duty of care was the cause (actions or inactions) of the injuries, and (4) the injuries sustained were physical. If the attorney successfully proves each of these elements, the property owner or occupier will be considered legally negligent, thus, obligated to compensate the injured party for all injuries flowing for the incident.
Common examples of negligence in premises liability cases:
- Not insuring floor surfaces are dry
- Not cleaning up spilled liquid
- Leaving debris in walkways
- Not installing sufficient lighting in stairwells
- Not fixing holes on the property
- Neglecting to perform necessary maintenance on the building
- Not fixing pulled or torn carpet
Who May Be Liable?
Depending on the facts surrounding your case, the following parties may be held liable for damages:
- The property owner
- The landlord of the residential or commercial property
- The tenant occupier of the property
- The franchisor or franchisee company
- The property management company
Types of Premises Liability Incidents
- Trip or slip and fall accidents
- Explosions or fires
- Swimming pool injuries
- Pet and animal attacks
- Apartment complex negligence
- Injuries due to broken glass
- Injuries at malls, strip centers, theaters, farms, residential properties, and amusement parks
- Claims arising from negligent security
Steps You Should Take after a Premises Liability Incident
The following are important steps you should take within hours and days after your premises liability incident in order to strengthen your case:
- Take photos of any injuries and of the hazard on the premises that caused them.
- Immediately visit a doctor for medical treatment.
- Identify the owner or occupier of the property.
- Report the injury in writing to the property owner and or the police if necessary
- Record the contact information of witnesses.
- Contact Roberts Attorneys At Law to discuss how to proceed with your claim.
Evidence to Help Prove Negligence
To give your claim the best chance of success, we will perform a thorough investigation into your premises liability claim to identify all potentially liable parties. Moreover, we will assist in gathering all available evidence to prove negligence, which may include:
- Surveillance footage of the occurrence of the injury
- Photos of any injuries and of the hazard on the premises that caused them
- Records of similar accidents occurring on the same premises
- Records of building maintenance
- Incident and police reports
- Property owner records
- Eyewitness testimony
- Expert witness testimony
If you wait too long to act, the liable party may cover up evidence by erasing surveillance camera footage or repairing the hazard that caused your injury. Without such evidence, it may be more difficult to prove liability.
Contact Roberts Attorneys at Law to discuss your case.
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