When an accident happens on someone else’s property, you might find yourself dealing with injuries that not only cause physical pain but also financial and emotional stress. In such cases, you might wonder whether you have a valid premises liability claim. What should you consider?
The 4 elements of a premises liability claim
Property owners must keep their properties safe for visitors. This applies to all properties, including shops, houses and public areas. If they do not, a person injured by that failure could have a valid legal claim.
To make a premises liability claim, you usually need to show these four things:
- Duty of care: The property owner had a responsibility to keep you safe. This responsibility changes based on why you were on the property. For example, store owners have a higher responsibility to customers than to social guests or trespassers.
- Breach of duty: The property owner did not take care of the property well or did not warn about dangerous spots that were not obvious. For example, if a property owner failed to maintain their property, did not take security measures or ignored defects in the property, that could be a breach of duty.
- Causation: This lack of care directly led to your accident and injuries.
- Damages: You had real losses, like medical bills, lost wages, or pain and suffering because of the accident.
What should you do if you believe you have a claim?
If you have an accident on another person’s property, tell the property owner or manager about the incident right away. This makes an official record and lets them know about the danger.
Take photos of the hazard that caused your injury and gather any other evidence that can support your claim, such as witness statements or surveillance footage.
Even if you feel your injuries are minor, it is important to get a professional medical evaluation. Medical records will be crucial in proving the extent and causality of your injuries in your claim.
You should also consult with an attorney. Premises liability law can be complicated. An experienced personal injury attorney can guide you through the legal process and fight for your rights. They can also help determine if your claim is strong and deal with insurance companies for you.
If you have been injured on someone else’s property, figuring out if you have a valid premises liability claim is an important step in the recovery process. By understanding your legal options, you can better understand your situation and go after the compensation you deserve.