When an accident happens on public or private property
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Premise Liability Attorney
When you’ve been injured on someone else’s property, pursuing a lawsuit after can be complicated. You need to be able to prove negligence on the part of the property owner. For example, leaving something that could be easily tripped over on a sidewalk or having a loose dog that is prone to attack. No matter the circumstances you need to be prepared to be able to prove that the owners actions caused your injury and they should have reasonably known that their actions or inactions may cause harm.
Unlike the typical accident, premise liability has a higher burden of proof. Make sure that you are keeping evidence such as pictures, recordings, medical records, and eye witnesses.
What should I do?
Next Steps after an accident
- After an Injury
You were just injured on someones or a companies property. What do you do next? Although, it may feel embarrassing or dramatic in the moment, you should do the following steps.
- Take pictures of the scene and your injury
- Tell the owner of the property that you were injured
- Get immediate medical help.
- Talk to a lawyer about the incident
- Medical Care
Getting medical care after an injury not only prevents further injury but could protect your case.
Although, you may be tempted to shake it off, going to the hospital is proof that your injury happened. For example, if you buy food at a restaurant and get food poisoning. Although you have a case for having food poisoning, if you have no evidence of your illness, it’s easier for the company to argue it didn’t happen.
- Talking to a Lawyer
Many premise liability cases happen within families. This generally isn’t to punish Uncle Jeff for being a rude host, but to help Great Aunt Janice collect a settlement from Jeff’s homeowners insurance after a bad fall on the sidewalk.
Premise liability cases exist to help the injured pay for medical bills after an injury, not to punish a company or even Uncle Jeff for not salting the path to his house.
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Your questions answered
What is Premise Liability?
Common premises liability cases include slipping on a patch of ice or tripping on slippery or inadequately marked stairs. However, this could also include swimming pool-related injuries or even fireworks. All property owners are legally required to maintain the safety of their property. For example, property owners who open their property to the public, such as businesses and parks, have a greater duty to keep their property safe.
If you’re hurt because of a property owner’s negligence, you may be looking at a pile of medical bills. You may also be unable to work and perform other necessary activities. However, you shouldn’t have to bear the cost of another person’s negligence. Because of this, the law makes property owners liable for injuries.
Do I Have a Premise Liability Case?
Your legal rights may depend on the nature of your visit to the property. The type of condition or danger that caused the injury can change the result of your case. Fore example, Trespassers may have fewer rights than invited guests. However, it’s important to review your case with an experienced premises liability lawyer. Because the law is complicated, a seemingly minor detail can affect the outcome of your entire case.
What We Do Differently
At DGMS our premises liability attorneys know how to emphasize the strengths of your claim while solidifying any potential weaknesses.
What is the "Duty of Care"?
While some states consider it to be the owners responsibility for any injuries to people on their property, other states go by “Duty of Care”. Duty of Care refers to which people the property owners have a duty to insure the safety of.
Who’s Included in Duty of Care
- Invitees
- Licensee
- Trespassers
Invitees are anyone that you invite to your home such as a friend or relative. Then there are licensees. They are generally salespeople that are allowed on a property. Last there are trespassers. There are many different rules on who is protected as a trespasser, but the most common are children. Homeowners must make sure that their property is safe should their property attract trespassing children.
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