Premises Liability
Premises Liability Laws
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A legal principle known as “premises liability” makes property owners accountable for injuries on their land due to hazardous conditions. Property owners are required to make their premises secure for guests. This requires them to frequently check their property for potential risks and take action to address any such concerns. The owner of the property may be responsible for the individual’s damages if they breach this duty of care and someone is hurt as a result.
How to make a claim for premises liability
You might be able to get a premises liability claim against the property owner if you were wounded while on someone else’s property. You must do the following actions to accomplish this:
- Gather evidence: The first stage is to compile supporting data for your claim. This proof could include witness testimony, pictures of the danger that led to your injuries, and medical documents.
- Identify the property owner: It might not always be obvious whose property you were hurt on. If you’re unclear, you might inquire with the nearby tax assessor’s administration to determine the property’s owner.
- File a Notice of Claim: If a government organization owns the land, you must submit a Notice of Claim to the appropriate authority. Within 90 days after the day that your accident occurred, the Notice of Claim has to be submitted.
- File a lawsuit: If the property owner ignores your Notice of Claim or you are dissatisfied with their response, you can initiate a lawsuit. You must submit your case to the proper court.
- Negotiate a settlement: Negotiating an agreement can frequently end a premises liability lawsuit. This indicates that the case will be dropped if you and the owner of the property agree on a settlement price.
- Go to trial: Your lawsuit will proceed if a settlement cannot be reached. Whether the property owner was negligent and whether that conduct led to your injuries will be decided by a jury or judge at trial. If the judge or jury laws in your favor, damages will be granted.
Damages that can be covered in a premises liability cases
If your premises liability case succeeds, you can be compensated for your injuries. You could receive a variety of damages, including:
Medical expenses
Medical costs are one of the most frequent categories of losses in a premises liability case. This covers any medical expenses you have incurred or will incur in the future, including hospital bills, doctor visits, prescription drugs, and physical therapy.
Pain and suffering
A non-economic form of damage known as “pain and suffering” makes up for your mental and physical anguish due to your injuries. Although putting a number on this can be challenging, it plays a significant role in your final damages award.
Lost wages
You might be entitled to compensation for lost wages if your injuries prevented you from working. This includes the money you would have made if your damage hadn’t occurred.
The inability to enjoy life
Another non-economic form of damage that makes up for how your disabilities have restricted your ability to enjoy life is loss of enjoyment of life. This can involve becoming unable to engage in hobbies, preferred activities, or spending time with family and friends.
Wrongful death
You might be eligible to bring a wrongful death lawsuit if your loved one died in a premises liability incident. In certain situations, you are entitled to compensation for both your losses and the family members of your deceased loved one.
Seeking legal counsel is necessary if you have suffered an injury on someone else’s property. Get legal help from a knowledgeable personal injury lawyer at The Law Offices Of SRIS.P.C., who can help you understand your legal rights and options and obtain the compensation you deserve for your damages.