What Are Premises Liability Attorneys and Why You Should Hire One
Anyone that manages, owns, leases, or operates a residential or commercial property is expected to ensure a safe environment. Whenever there are hazards within the property, the person is also expected to inform patrons about them.
If this does not happen, and someone gets injured on the said property, its manager, owner, lessee, or operator can be held liable. In many of these cases, the Law Offices of Adrianos Facchetti can help the injured party get compensated.
Common Premise Liability Claims
The most obvious places we think of as premises are:
• Vehicles
• Homes
• Land
However, the following are also considered to be premises:
• Worksites
• Places of business
• Tenant’s living spaces
Therefore, any injuries you sustain in any of the above places can fall under premises liability, and you would be entitled to compensation in some instances.
Premise liability claims can result from personal injury or long-term disability. You can also sue for wrongful death if a loved one dies from injuries they sustain on a property.
The most common claims are:
• Slip and fall accidents
• Fires
• Snow and ice accidents
• Animal bites
• Inadequate building security leading to injury or assault
• Carbon monoxide poisoning or other toxic chemicals and fumes
• Swimming pool, water park, and amusement park accidents
• Construction site accidents
• Elevator or escalator accidents
Elements of a Premise Liability Suit
As mentioned earlier, all injuries sustained on a property do not automatically make for a successful premise liability suit. For fairness, the law has several provisions you have to prove before being awarded compensation on a premise liability suit.
There are four elements you need to prove for a premise liability suit. These include:
The Defendant Is Legally Bound to the Property
You must show that the defendant was legally bound to the property when the injury occurred. This means proving they were leasing, operating, owning, or managing the property at the time.
There Was Negligence
You have to show that the defendant’s maintenance or care of the property was negligent. Negligent here is taken to mean careless or reckless. An example is if the defendant knew a step was broken or that his security cameras were out of order, did nothing, and someone got hurt.
The Plaintiff was Injured
A premise liability case must prove that the plaintiff was on the premises and sustained injuries there. It helps significantly to get a medical report after suffering personal injuries because these document the injuries sustained and treatment offered. Such records are extremely useful in court.
The Defendant's Neglectful Actions Caused The Injury
You must be able to prove that your injury came about as a direct result of the defendant’s negligence.
For example, say a building has faulty steps, which the defendant was unaware of, but failed to fix. You then tripped, breaking an arm.
There is a direct link between you falling, thanks to the defendant failing to carry out property maintenance of their staircase. As such, their negligence caused you to fall and break an arm.
If you can prove the above, what types of compensation would be forthcoming?
Premise Liability Lawsuit Compensation
Damages are categorized as financial and non-economic losses. The damages you get will often depend on your case’s specifics, and at times, you can get both financial and non-financial compensation.
Economic losses in a premise liability case include:
• Medical expenses and hospital bills
• Lost income and wages
• Future medical costs
• Lost earnings capacity
• Property damage
• Compensation for funeral expenses (for wrongful death)
On the other hand, non-economic losses include:
• Pain and suffering
• Loss of limb
• Emotional distress
• Disfigurement and scarring
• Loss of support and companionship (wrongful death)
Under certain circumstances, punitive damages can be awarded as well. This is often done to punish the defendant and discourage other property owners from being neglectful. Punitive damages are challenging to get and will typically only be given when there was a wrongful death or in cases where the defendant was intentionally negligent.
What to Do After You Suffer an Accident on Someone's Property
Unfortunately most people don’t know what to do after they get into accidents or are injured on other people’s premises. And this is perfectly understandable because we don’t live our lives looking out for areas for possible litigation.
Nonetheless, the actions you take right after the injury significantly affect the success of your lawsuit.
Here is what to do after getting injured on someone else’s property:
Get medical care
The common assumption is that any injury must be accompanied by immediate pain or bleeding. This is not always the case. As such, see a doctor whenever you get injured on someone else’s property. This is useful in safeguarding your health and as proof when the defendant’s insurance company asks for it-and it will.
Report the accident
Any records you can make help support your case. So report the incident to the property manager right away. As you do this, refrain from making any written or verbal statements or signing any documents without a lawyer present.
Take pictures of the scene
Take photos of the scene, especially if it has glaring hazards that could explain your injury. Similarly, take pictures of any injuries on yourself, including skin discoloration, bleeding, and so on.
Get witness contacts
If anyone saw you fall or rushed to your aid after you got hurt, request their name and contacts. Your attorney would want to contact them as potential witnesses to your injury.
Give Yourself the Best Outcome
https://facchettilaw.com/contact/The time after you or a loved one has suffered a personal injury is not the best time to haggle with insurance companies for compensation. Instead, you should focus on your recovery and have an experienced premises liability attorney do the legal heavy lifting.
And this is precisely what we do. For the last 18 years, the Law Offices of Adrianos Facchetti have fought numerous injuries on behalf of clients like yourself. We give you personalized attention, free consultation, and you only pay us once we win. If you or a loved one has gotten injured on someone’s property, call us at (626) 793-8607 today.
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If you have been in an accident and require trustworthy representation, consider working with the Law Offices of Adrianos Facchetti. Our team will work aggressively to make sure that the guilty party pays for your injuries, pain, and suffering.
For added convenience, we are fluent in Spanish and Portuguese. To receive the personal attention that you deserve, call us today.
Let’s talk about your case.