Were you injured on someone else’s property? We never expect to be injured while visiting a friend’s home, a public park, or someone’s business. However, premises liability claims are common. If the property owner is responsible for your injuries, an experienced lawyer can help you seek compensation for damages.
Our lawyers at 844-SPARTAN have over 75 years of collective experience in personal injury law. We vigorously fight for our clients, and the attorneys at 844-SPARTAN have collectively secured jury trials and settlements totaling over $250 million for them. Contact 844-SPARTAN to schedule a free consultation at (844) 772-7826 with one of our premises liability lawyers.
How Our Personal Injury Lawyers Can Help You if You’ve Sustained an Injury on Someone’s Property
Premises liability laws generally require property owners to keep their property reasonably safe for invitees and visitors. If a property owner is negligent in their duty of care, the law can hold them financially responsible for damages and injuries caused by unsafe property conditions. A victim may recover compensation for pain and suffering, lost wages, medical bills, and other damages.
Unfortunately, the victim must prove the legal elements of a premises liability claim. The property owner and the insurance company will likely fight the claim to avoid paying damages. They may even blame you for causing the accident.
At 844-SPARTAN, we have extensive experience handling premises liability claims. When you hire our top-rated personal injury lawyers, you can trust that we will:
- Investigate the cause of your accident to determine liability
- Explain the applicable premises liability laws and how they apply in your case
- Gather evidence proving the property owner and other parties are responsible for your injuries
- Work with leading expert witnesses to obtain additional evidence as necessary
- Analyze and evaluate your damages to determine how much your claim is worth
- File insurance claims and negotiate fair insurance settlements
- Proceed to trial if settlement negotiations fail to produce a reasonable settlement offer
Knowledge and skill matter when you hire a personal injury attorney. At 844-SPARTAN, our lawyers have received recognition from The National Trial Lawyers and other reputable legal organizations.
Call 844-SPARTAN to schedule a free case evaluation with one of our experienced premises liability lawyers.
Our Personal Injury Law Firm Handles All Types of Premises Liability Cases
When people hear premises liability, they often assume the case involves a slip and fall accident. However, premises liability laws can cover any injuries that occur on someone’s property because of negligence, intentional torts, or other wrongdoing. The critical requirement is to prove that your injuries were caused by the owner’s negligence or wrongful acts.
At 844-SPARTAN, our attorneys handle all types of premises liability claims. Common premises liability claims include, but are not limited to:
- Slip and fall accidents
- Playground and school accidents
- Dog bites and animal attacks
- Exposure to hazardous chemicals or toxic materials
- Bed bugs in hotels, resorts, rental homes, apartments, etc.
- Tripping hazards due to debris or objects obstructing walkways
- Swimming pool accidents
- Amusement park accidents
- Inadequate lighting and/or security
- Uneven surfaces
- Potholes and cracks in sidewalks and parking lots
- Being hit by falling objects
- Defective railings and broken steps
- Escalator and elevator accidents
If you or your child is injured on another party’s property, you may be entitled to money for damages. The best way to know if you have a premises liability claim is to call our office for a free consultation with an attorney.
How Much Does It Cost to Hire a Premises Liability Lawyer?
We understand that the cost of hiring a lawyer can be a concern for some clients. However, our attorneys work on a contingency fee basis, which means that you will not owe us any money unless we can recover compensation for you. Typically, this fee is a percentage of the settlement or verdict that we recover for you.
Proving Liability for a Premises Liability Claim
The injured party has the burden of proving the legal elements of premises liability to recover damages. An injured party must prove:
- The property owner or other responsible party owed them a legal duty of care.
- A hazard or dangerous condition existed on the property.
- The property owner or other responsible party was negligent in failing to maintain the property, fix the problem, or take reasonable steps to warn people about the danger.
- The dangerous condition was the proximate and direct cause of their injury.
- They sustained damages because of the property owner’s negligence.
The evidence must prove each of the above elements by a preponderance of the evidence. That means there is a greater chance than not that the plaintiff’s allegations are true.
What Is the Duty of Care in a Premises Liability Case?
The duty of care in a premises liability case may vary depending on the injured party’s status. Property owners often owe the highest duty of care to invitees (for example, customers at a store).
Licensees, such as social guests or those on the property for a reason unrelated to the owner’s benefit, are typically owed a slightly lower duty of care. The property owner generally owes trespassers the lowest standard of care.
An exception to the standard of care may exist if the injured party is a minor. A property owner may be responsible for a minor’s injuries even if the minor is a trespasser when an attractive nuisance is present. An attractive nuisance is a dangerous condition that could attract children onto the property and pose a danger to them.
Under the attractive nuisance doctrine, the property owner could be liable for damages in certain circumstances if they knew or should have known children might trespass because of the attractive nuisance and that it could cause serious injury or death.
Damages Available for a Premises Liability Claim
If you prove that a property owner is liable for your injuries, you can recover compensation for your economic and non-economic damages. Damages in a premises liability case include:
- Out-of-pocket expenses
- Emotional distress and mental anguish
- Past and future medical bills
- Rehabilitative care and therapy
- Loss of enjoyment of life and quality of life
- Pain and suffering
- Lost wages and benefits
- Diminished earning capacity
- Scarring and disfigurement
- Impairment and disability
- Long-term care
The value of your damages depends on the severity of your injuries and other factors. For example, the strength of your evidence can impact how much your case is worth. Whether you are partially to blame for your injuries and the parties involved in the case could also be factors that impact how much your claim is worth.
Our legal team will analyze each factor in your case to determine how it impacts the value of your damages. We will work to maximize your recovery so that you have the money you need to continue healing from your injuries.
How Does Fault Affect a Premises Liability Claim?
Many jurisdictions use a form of comparative negligence rather than strict contributory fault. An injured party may recover compensation for damages even if they are partially to blame for causing their injuries, but their compensation is reduced by their level of fault. In some places, recovery is barred at or above a certain fault threshold.
Insurance companies often use comparative negligence arguments to avoid liability for claims. If possible, they may try to shift the blame to you to lower the amount they have to pay. Be careful when speaking with an insurance adjuster. Statements you make could be intentionally misinterpreted to imply fault.
What Is the Deadline for Filing a Premises Liability Lawsuit?
The statute of limitations sets the deadline for filing lawsuits for premises liability claims. Filing deadlines vary by jurisdiction and claim type; in many places, personal injury claims must be filed within one to three years from the injury date. Missing the deadline could result in your case being dismissed, even if you can prove the property owner caused your injuries.
Schedule a Free Consultation With Our Premises Liability Attorneys
You deserve to be treated fairly after an injury on someone’s property. We’ll fight to make that happen. Call 844-SPARTAN for a free case review with one of our premises liability lawyers.
