If you’ve had a serious slip and fall accident or sustained another injury on someone else’s property, you need to seek legal counsel from a premises liability lawyer to determine whether you have grounds to pursue with a suit to the property owner.
If your situation qualifies for a premise’s liability claim, he will then proceed with filing a suit against the property owner in court on your behalf.
What Are The Steps An Attorney Will Take When Filing A Suit?
He will have the task of obtaining documentation and preparing testimony to present a case to the court that motivates why you should be awarded monetary compensation for the injuries you’ve sustained.
He will have to build a case and present it to the court, showcasing in detail the circumstances of the injury that proves that you are eligible for compensation from the property owner. He will also have to present evidence and testimony proving his assertions in a way that doesn’t conflict with the law and increase your chances of winning the case so that you can recover the damages you deserve.
Types Of Premises Liability Cases:
- Snow and ice accidents
- Slip and fall cases
- Inadequate maintenance to the property
- Swimming pool accidents
- Elevator and escalator accidents
- Inadequate building security leading to an assault or injury
- Dog Bites
- Defective conditions on the property
- Toxic fumes or chemicals
- Water leaks or flooding
Ward Maedgen Accident Attorneys have the necessary skills and can assist you with legal counselling regarding a premise liability case.
A Property Owner’s Duty Of Care
Many states require the owner of a premise to exercise reasonable care in maintaining and owning of a property concerning individuals who might enter onto the premises, but in some states, this is not the case, and the landowner’s duties are limited depending on the status of the visitor.
Visitors Are Divided Into Three Categories:
Invitees – someone who has permission from the owner to enter the property, i.e. relatives, friends or neighbours. The owner owes the invitee a duty of reasonable care to keep the premises in a safe condition for the invitee.
Licensees – someone who has the owner’s express or implied permission to enter the premises, but is entering the property for his own purposes, i.e. a salesperson. The owner owes a licensee a lesser duty only to warn them of potentially dangerous conditions that may cause harm or unreasonable risk.
Trespassers – someone who does not have the authorisation to enter the property. The owner owes no duty to trespassers except in case of a child entering the property. In that case, the owner owes the duty of exercising reasonable care to avoid reasonably foreseeable risks or harm caused to children due to artificial conditions on the property, i.e. swimming pools.
Slip And Fall Accidents
These are the more straightforward premises liability cases.
Common Conditions Leading To Slipping Or Trip And Fall Incidents Are:
- Defective staircases
- Wet floors
- Hidden extension cords
- Oily floors
- Accumulation of ice or snow
- Unsecured rugs or carpets
- Loose or broken floor tiles, floors, steps, sidewalks or stairs.