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According to the Centers for Disease Control and Prevention, almost 170,000 people died from unintentional injuries in 2017 – some, no doubt, caused by the negligence of others.
Some examples of dangerous conditions that qualify for a premises liability claim include, but are not limited to:
- Broken, uneven, or wet flooring
- Broken lights
- Exposed wiring
- Faulty appliances, elevators, or escalators
- Broken staircases
- Poorly lit areas
- Inadequate security
- Toxic substance exposure
- Unsafe swimming pool
You might be entitled to compensation if one of the above dangers (or another form of negligence) harmed you while you were on someone else’s property.
Proving Negligence in a Premises Liability Claim
In a premises liability claim, you must prove that the property owner was negligent and should have known about the dangerous condition. There are generally four aspects involved in proving that the premises owner was negligent.
Duty of Care
You have to prove that the property owner owed you a duty of care. In other words, they had a responsibility to keep guests like you safe from harm. For example, in a slip and fall accident, the owner had an obligation to keep the floor dry or provide adequate notice – such as a sign – that the wet floor is a slipping hazard.
Breach of Duty
You also have to prove that the owner breached the duty of care they had to you, meaning they did not do what was needed to keep you safe. In the same slip and fall accident, they might not have dried the floor or warned you that it was wet.
Causation
To prove negligence, you have to show an insurance company or a jury that their breach of duty of care directly led to your injury. For example, the owner did not dry the floor or tell you the floor was wet, and as a result, you slipped and injured yourself.
Damages
The last aspect you must prove in a premises liability case is that the breach of duty that caused your injury led to financial damages. These damages might include expenses related to your injuries, such as medical bills and other costs.
Potentially Recoverable Compensation in a Premises Liability Case
In a premises liability case, you might be able to recover compensation for your injuries through a settlement or judgment. While we cannot give you an exact estimate of what you may be entitled to, premises liability claims sometimes result in compensation for costs such as:
- Past and future medical bills
- Medical transportation costs
- Past and future lost wages
- Lost earning potential
- Pain and suffering
- Mental anguish
- Therapy costs
- Loss of enjoyment of life
If a loved one died due to a dangerous condition on someone else’s property, you might recover compensation for funeral and burial costs—along with loss of consortium for surviving family members.
How a Premises Liability Attorney Can Help You
While you do not need an attorney to seek compensation or file a lawsuit for premises liability, hiring one might be beneficial if you are still recuperating from your injuries. This way, the attorney can work on your case while you focus on recovering.
A premises liability attorney can also negotiate with the negligent party’s insurance company or take your case to trial if needed. They can also give you an idea of the compensation you might be entitled to for your injuries. This way, they know whether a settlement offer is adequate.
Hiring an attorney could also help you to meet all the applicable deadlines in your case so that you do not forfeit your right to pursue compensation. If yours was not listed above, an attorney could also tell you whether the hazard that caused your injury is an example of a dangerous condition that qualifies for a premises liability claim.
If conditions on someone else’s property injured you or a loved one, George Sink, P.A. Injury Lawyers wants to hear from you. You can reach a member of our team by phone or through our online form to discuss options for your case in a free consultation.
You owe us nothing up front, because we work on a contingency basis. This means we only take our payment when your case results in a financial reward.