Premises Liability: How To File A Premises Liability Claim

Property owners are required to maintain a safe environment for visitors, or warn them of existing hazards. If an owner acts negligently, causing harm to someone lawfully present on the property, they may be held liable for the injuries.

Therefore, if you are injured on someone else’s property due to negligence, you may have the right to file a premises liability claim. The owner should compensate you for the damages you incurred following your injuries. Contact our team of premises liability lawyers at Bachus & Schanker.

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Common Types Of Premises Liability Cases

There are different types of premises liability claims. The common ones include:

Slip-and-fall accidents: If you slip and fall on someone else’s property, you can file a premises liability case. This type of accident can occur due to spills, leaks, uneven surfaces, clutter, inadequate lighting, damaged stairs, and slippery floors.
Dog bites: If you are on another person’s property and their dog bites you, they may be required to compensate you. This is because they should have taken reasonable measures, such as restraining the dog, to protect you.
Negligent security: Property owners have a duty to protect their visitors from foreseeable criminal acts. If you are injured due to a criminal activity that could have been avoided on someone else’s property, you may have grounds to take action against the property owner.
Elevator accidents: A property owner may be held liable if they fail to maintain their elevators, and an accident happens, leading to injuries.
Swimming pool accidents: When a property owner with a swimming pool fails to employ adequate safety measures, such as fencing, posting adequate warnings, or having sufficient supervision, they may be responsible for accidents that result from their negligence.
Amusement park accidents: Parks should maintain a safe environment and warn visitors of hazards. If a park is negligent, resulting in an injury, they may be liable. Sadly, most of the victims of this type of accident are children. If you or your child is involved in such an accident, you should hold the respective park accountable.

Who Is Responsible For Premises Liability?

A premises liability case can be filed against a property owner, landlord, tenant, or property manager. For instance, if you are injured in a grocery store, you can file a claim against the store or property owner, if different.

If the store owner leases the property, and the accident was caused by their negligent act, such as not cleaning a spill on time, they can be held liable. If the accident was caused by a factor directly controlled by the property owner, for example, inadequate lighting, the property owner may be liable.

If a tenant is injured due to their landlord’s negligence, the tenant may be eligible for a premises liability settlement. For example, when the landlord fails to address hazards or violated safety codes in common areas. These include not fixing faulty electrical work that leads to a fire hazard, or failing to clear snow and ice from sidewalks or parking lots, causing a slip-and-fall accident.

A tenant may be liable for an accident that occurs in their house. For example, if they fail to warn a visitor of a cracked floor, and the visitor slips and falls. The landlord may also be held liable in such a case.

It’s vital to obtain more information about the circumstances that led to the accident you were involved in to determine the appropriate liable party.

Steps To Take After An Injury On Someone Else’s Property

When you sustain an injury on someone else’s property, you should inform the owner or anyone in charge about the accident. You can do this verbally, and then follow it with a written report later.

You should then seek an immediate medical examination. Call 911 and wait for an ambulance while gathering evidence, or go to the hospital if you can move. It’s crucial to get medical attention even if you believe you are not seriously injured or injured at all. You may have suffered an injury, yet adrenaline rush is masking pain. A doctor should examine you to discover and treat hidden injuries on time.

After receiving medical help, consider legal guidance to file a claim against the property owner.

How To Gather Evidence For Your Claim

It’s recommended to start gathering evidence before leaving the accident scene, as things might have changed when you return. To gather evidence, take photos of the location of the accident, the hazard that led to the accident, and your injuries.

Furthermore, record the names and contact information of the witnesses. You can contact them after receiving medical help to get their statements.

Submit a written report of the accident to the property owner, detailing the date, time, and location of the accident and how it happened. Keep a copy of this report. If the police responded to the accident scene, you need to get a copy of the police report.

Additionally, gather your medical records — any document concerning your treatment, such as doctor’s notes, prescriptions, treatment plans, hospital records, billing records, and so on.

How A Premises Liability Lawyer Can Help With Your Premises Liability Claim

Premises liability lawyers are skilled in investigating incidents, gathering evidence, and negotiating with insurance companies. It’s important to work with an attorney to build a strong case. Your lawyer will guide you on the steps to take to prove the property owner was negligent. Moreover, using their excellent negotiating skills, they will help you get a fair premises liability settlement.

The Legal Process Of Filing A Premises Liability Claim

After investigating the incident and gathering evidence, you can file a premises liability claim with the property owner’s insurance company. Your attorney will draft and send a demand letter to the insurer, explaining to them that you were injured on their policyholder’s property by a particular hazard and are demanding a specified amount in compensation.

The insurance company will investigate the matter and respond to the letter. It may agree to give the payout, suggest a different offer, or deny their policyholder was liable. If the insurer suggests a different offer, your lawyer will negotiate with them to reach a settlement. If a fair settlement can’t be reached, or the company keeps denying liability, your attorney might recommend taking the case to court to fight for your rights.

What Damages Can You Recover In A Premises Liability Case?

In a premises liability case, you can recover economic and non-economic damages. Examples of economic damages are medical expenses, lost wages, and property damage (if any of your belongings were damaged). Examples of the non-economic damages you can claim include pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life.

Why Choose Bachus & Schanker To Represent You?

Bachus & Schanker has a team of experienced premises liability attorneys skilled in representing the interests of victims injured on others’ properties due to negligence. During the initial free case evaluation, our lawyers will learn more about your incident to help you determine the best way forward. When we handle your case, we will always keep you updated.