Little Known Facts about Premises Liability Cases
Many individuals assume that if they are injured while on someone’s property, and they are not at fault, someone else is liable. However, premises liability cases are not that easy. Determining who is responsible for what greatly depends on the evidence provided.
Breach of Responsibility
Human beings have a responsible to one another. If one fails to maintain that responsibility, and someone is harmed or injured in some way, then liability becomes an issue.
For example, business owners and property owners also have a duty to ensure that everyone is safe while on their property. If the business owner and/or residential property owner does not reasonably keep the property safe and an individual is injured due to such negligence, then both property owners may be held liable, if this can be proven.
Hiring an Attorney
In some premises liability cases, both the property owner and injured individual are at fault. That is why you need to hire an attorney to represent and resolve your claim. If you decide to use the services of a personal injury lawyer, which is advised, then you will have a better chance to have the law to back you.
Claims Package
Once your attorney has completed an investigation of your claim and conducted research for damages, then a claims package will be submitted, which would also include a demand for settlement. The claims package will usually include:
- Proof of liability
- Proof of damage
- Medical bills
- Proof of pain and suffering
- Lost wages
Be aware that…The claims package will also be forwarded to your insurance company with three options to settle, mediate or go to trial. In most cases, there will be a settlement or mediation to conclude or resolve the case. Otherwise, the case will go to trial.
The Implication of Premises Liability Cases
Some people misconstrue that a premise liability case is only minor. However, like any other accidents, injuries are often severe and should be taken seriously. Each case is unique in its own facts. In addition, each person injured may have different circumstances to also consider. An attorney will give attention to each case individually.
Injuries on Neighboring Properties
If your injury occurred on the perimeter of two properties, it may not be clear right away as to which property owner is liable. In this situation, be sure to file a claim notice against both property owners and allow them to figure out which will be responsive to your claim.
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