Claiming Compensation for Premises Liability – Important Factors to Keep in Mind
According to the law, owners and residents of properties must take due care to ensure that their properties are reasonably safe for people accessing them. If you have been injured due to someone’s negligence in property upkeep, you should ideally pursue legal recourse in consultation with an experienced premises liability attorney.
Common Types of Premises Liability Cases
Even though all premises liability cases are categorized as personal injury, the types of accidents can be diverse. You can have people slipping and falling on wet and greasy surfaces or accumulated ice and snow. According to https://www.huffpost.com, slip-and-fall accidents are among the top causes for accidents on commercial properties. There can also be accidents because of a lack of maintenance of the premises or lack of sufficient security to prevent people from accessing hazardous places. There can be accidents due to malfunctioning elevators and escalators or in the vicinity of swimming pools. Accidents due to fires, dog bites, flooding, etc. are also quite common. Accidents due to hazards in amusement parks or factories can often be very high profile, observe the premises liability attorneys at Phillips Law Offices. You can find this reputed law firm at:
What Can You Claim in A Premises Liability Case?
There are many different components of a claim for compensation and damages in a premises liability lawsuit. You can claim reimbursement of the cost of immediate and ongoing medical treatment and the cost of rehabilitation and counseling, depending on the nature and extent of the injuries sustained. The funeral expenses can also be claimed if the accident has resulted in a death. You can also claim compensation for income lost if you have been unable to attend to work as well as lost future income if you are unable to find employment. Aside from the compensation for economic losses directly attributable to the injuries sustained in the accident, you can also sue for non-economic damages such as pain and suffering, loss of companionship, loss of consortium, loss of enjoyment of life, as well as mental anguish.
Proving the Liability
To be able to successfully claim compensation and damages, you need to build a solid case. You need to establish the ownership of the property in which you were injured, as proceeding against someone else will be fruitless. You must also be able to prove that the owner did not take adequate care of the maintenance of the property and also failed to warn you about possible hazards of which they would have been aware of had they been vigilant. The next thing that needs to be established is that the owner’s negligence was responsible for the accident. Your status at the time of the accident is also vital because defendants owe more responsibility to invitees and licensees in comparison to trespassers. Your suit may not be successful if you knew the dangerous conditions prevailing inside the premises.
It can be hard to prepare a premises liability case all by yourself. By engaging an experienced personal injury lawyer, you can make sure that you are not only able to meet all applicable deadlines but also provide sufficient proof of your eligibility to receive compensation.
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