Premises liability lawyers play a critical role in seeking justice for people who have been hurt on someone else’s property. But what do they actually do, and how can they help in your case?
Here’s everything you need to know about premises liability and the attorneys who handle these types of cases.
What Is Premises Liability, and How Does It Relate to Your Injury?
Premises liability holds property owners and occupiers accountable for ensuring their premises are safe for authorized visitors (i.e., guests, employees, and customers).
If you’ve been hurt due to unsafe or negligent property conditions, you may be able to file a premises liability claim. Some examples include a slip and fall accident at a grocery store or an injury caused by inadequate security at a hotel.
Premises liability cases hinge on proving that the property owner or manager had a duty of care and failed to uphold it. This means they either ignored a hazardous condition or failed to warn visitors about potential risks. A premises liability lawyer plays a critical role in helping you through these types of complex claims.
Types of Premises Liability Cases
Slip and fall incidents are some of the most common types of premises liability cases. In the United States, these types of accidents account for more than one million emergency room visits annually.
There are several other types of premises liability cases, which may include:
- Inadequate security
- Defective conditions
- Swimming pool accidents
- Dog bites
Each type of case requires a unique approach, which is why working with a knowledgeable premises liability attorney is essential.
How Premises Liability Lawyers Gather Evidence
There’s a common misconception that attorneys do most of their work in the courtroom. In reality, premises liability lawyers spend much of their time gathering evidence and building a strong case on behalf of their clients.
Your lawyer will collect evidence by doing things such as:
- Taking photographs or videos of the hazard
- Collecting any available records that depict the dangerous condition
- Speaking to witnesses
- Requesting property records
- Consulting with subject matter experts
Each type of evidence represents a valuable piece of the puzzle.
What Lawyers Look for in Liability Cases
The biggest factor at play in premises liability cases is negligence, which occurs when a person fails to behave up to the level of care a “reasonable person” would have exhibited under identical circumstances.
A person can be found negligent through omissions or actions. For example, a shop owner who fails to repair a damaged railing could be found negligent if a customer falls through the railing.
Your lawyer must demonstrate that the property owner breached their duty of care through negligence and that this breach directly caused or contributed to your injury. They will focus on four key elements, which include:
- Establishing that the property owner owed you a duty of care as a lawful visitor
- Proving that the owner failed to maintain safe conditions
- Demonstrating that those conditions led to your injuries
- Showing the extent of your physical and emotional harm
Once your attorney has established a link between the negligence and your injuries, they will seek compensation for what you endured.
Handling Insurance Companies and Settlements
Dealing with insurance companies is one of the most challenging aspects of a premises liability claim. Insurance adjusters want to pay as little as possible, which is why having an experienced lawyer in your corner is so important. An attorney can negotiate with the insurance company on your behalf in hopes of obtaining a fair settlement.
Your lawyer will also handle all communication with the insurance company. When it makes a settlement offer, your lawyer will help you evaluate whether it's a fair deal or if you should counter.
What Happens if Your Case Goes to Trial?
Premises liability lawyers want to settle your case as fairly and efficiently as possible so you can obtain the resources you need to focus on recovery. However, your attorney should be willing to take your case to trial if the other party refuses to make a fair settlement offer.
At trial, your attorney will present key evidence in hopes of earning a verdict in your favor. While the trial process can be tedious, it is a valuable option to consider if the other party isn’t negotiating in good faith.
How a Premises Liability Lawyer Protects Your Legal Rights
Premises liability lawyers act as your advocate. They work to enforce your rights under the law and prevent the insurance company from taking advantage of you. This may include:
- Meeting deadlines for filing claims or submitting paperwork
- Advising you on whether to settle or proceed to court
- Handling the stress of a legal battle so you can focus on recovering
With their guidance, you can pursue justice and financial relief.
FAQ
What Should I Do Immediately After a Premises Liability Injury?
Seek medical attention and address and serious injuries you may have suffered. If you are able, photograph the scene and gather any witness information. The more evidence you can collect right away, the better.
How Much Does It Cost to Hire a Premises Liability Lawyer?
Premises liability lawyers work on a contingency fee basis. This means you don’t pay anything unless they win your case. If they win, they will charge a percentage of the settlement.
How Long Do I Have to File a Premises Liability Claim?
The timeframe to file a claim varies depending on the unique circumstances of your case, but many negligence cases are subject to a two-year statute of limitations. However, you should consult with a lawyer right away. The sooner you initiate your claim, the easier it will be for your attorney to track down and recover evidence.
Schedule a Free Consultation Today
Contact Ramsey Law Group for a free consultation. One of our experienced attorneys will review your case and help you decide what to do next.