Did you know that premises liability is one of the most common types of personal injury cases? According to a study by the Bureau of Justice, the average award in premises liability cases was $90,000. Premises liability can cover any number of broken or poorly kept areas in a person’s home or business.
Being injured on business property might lead you to litigation. Generally, the question is whether or not the business was negligent in keeping the place safe, so you must know your rights or options legally.
Let’s look at some points that may be helpful to your case.
Understanding Premises Liability
Premises liability holds property owners accountable whenever injuries occur due to unsafe conditions on their property.
A business visitor does have the right to a safe environment. The visitor may sue the landlord if they slip, trip, or sustain injuries from a wet floor with poor lighting.
It helps you to understand your rights as a visitor. For example, property owners have to keep their premises safe or warn visitors of existing dangers. If they miss this duty, your recourse will be to sue.
Most importantly, take pictures of the dangerous condition that caused your injuries. Having evidence as proof of negligence can strengthen your case.
Types of Injuries That May Lead to a Lawsuit
Different injuries may occur on the property of a firm. It becomes so important to know what injuries can be litigated.
- Slips and falls are often from wet or uneven floors.
- There may also be injuries related to spilling hot liquids or malfunctioning equipment in the restaurant.
- Any business keeping such animals could be liable for dog bites.
- Negligent security could give rise to injuries or theft.
- Exposure to toxic substances like chemicals in a warehouse may be highly detrimental to your health.
If someone else’s negligence resulted in your injury, you might have a case. Keep clear documentation about your injuries and anything else that may help your case.
Factors Affecting Your Ability to Sue
Numerous considerations go into the ability to file a lawsuit against a business for injury sustained on its business premises.
You need to look into the severity of the injury if it is serious enough to warrant filing a lawsuit.
Then, the business shall be held negligent in failing to keep a safe environment, which, essentially, means that they knew or should have known of the hazard.
It is advisable to act promptly in pursuing your claim, as most states have a statute of limitations.
If you ignore warning signs, your negligence will also come into play.
Being aware of these factors can provide you with a clear understanding of the potential limitations of a lawsuit.
Steps to Take After an Injury
Immediate action is required to preserve your rights and to build your case after injuries have been suffered while on the property of an owner.
Witnesses get treatment according to the nature of your injuries. Document everything; take pictures of the place and injuries and anything that may have contributed to the accident.
Record the witness details to prove your case. File an accident report with the property owner or manager and obtain a copy.
Treatments and costs for medical care, as well as days lost at work, must be documented. Never discuss the occurrence on social media or with anyone besides your doctors or attorneys.
These things help establish a claim you may want to proceed with.
Legal Considerations and Seeking Representation
An understanding of the legal terrain around injuries on someone else’s property is essential for anyone considering a claim. You must establish a property owner’s negligence and that their negligence caused the injury you sustained.
Know the laws, as premises liability may differ from state to state. Gather evidence for your claim: pictures, statements from witnesses, and so on.
A personal injury lawyer can greatly improve your chances of winning the case. They will help you through the whole process, will deal with the insurance companies on your behalf, and will advise you of your rights.
Don’t hesitate to seek representation. Having the backing of an experienced advocate will greatly increase the likelihood of obtaining a fair settlement for your injuries.