If you get hurt on another person’s property, such as a landlord’s or homeowner’s, you might want to seek compensation. It can feel overwhelming to know who to contact and how to navigate the claim, especially if you’re dealing with a complex situation.
Read this article to explore premises liability claims: their types, what to do if you find yourself having to complete a claim, and when to call a lawyer for assistance so that the process is smooth and successful.
What are Different Types of Premises Liability Claims?
You can claim for various injuries sustained on someone else’s property. The most common types of premises liability claims include:
- Trips and falls. These are accidents arising from surface defects that trip you up, such as uneven driveways.
- Slips. This is when you lose footing because of wet or damp ground, such as water or oil spills on a concrete floor.
- Dog bites. If you’re bitten by a dog on someone else’s property, this could result in a premises injury claim.
- Lack of security. Not having a secure space for people entering the property can put them at risk of crime and theft.
- Falling objects. These can include things like broken shelving that falls on you, causing you harm.
- Lack of good lighting. This can make slips, trips, and falls a higher risk.
How Do You Deal with a Premises Liability Claim?
If you’ve been hurt on someone else’s property, these are the steps to take right away.
Collect as Much Evidence as You Can
After seeking medical attention for your injury, if required, you should try to gather as much proof of what happened to you as possible. This could include taking photos of a slippery driveway or fallen shelves so that you can take action.
Write down the details of what happened, such as the time it occurred and specifics of the injury.
If you have any additional information, you should also make a note of it. For example, after being bitten by a property owner’s dog, you might hear from them that this has previously occurred to someone else. Such information could strengthen your case.
Report the Incident
You’ll want to report the incident soon after it happens. If you’re in a public space or workplace, write a report to a boss or employer so that you create a record of the incident.
If you’re dealing with a workplace injury, you should receive an incident report from your employer. If not, ask them for one so you can submit it.
Acting promptly is important to increase the likelihood of your claim being approved.
Get Insurance Information
Request the property owner’s insurance details so you can submit a claim.
Seek Assistance from a Lawyer
Navigating a premises liability case can be challenging and complex, depending on what happened to you. This is why it’s crucial to seek legal guidance from an experienced lawyer.
On ContractsCounsel, an online legal network connecting clients with vetted lawyers on the platform, you can hire a lawyer with experience and skill in assisting clients with premises liability claims. They’ll make a challenging situation easier and less stressful to deal with.
How Can a Lawyer Help You with a Premises Liability Case?
Hiring a lawyer can help you in various ways with your premises liability case, such as:
- Investigating your claim to find out if it's valid.
- Exploring your compensation options, depending on the nature of the incident.
- Negotiating with the property owner to reach a settlement.
- Drafting important documents, such as demand letters.
- Gathering evidence of the incident so you increase your chance of a successful claim.
- Dealing with insurance companies, which lawyers can do on your behalf.
- Representing you in court if you decide to take legal action.
What Does a Premises Liability Case Typically Involve?
During a premises liability case, the following are common occurrences.
Sending the Owner a Demand Letter
This will get the case in motion. You, or your lawyer, will send the other party a demand letter in which you include details about the injury sustained on their property and the damages, which can be financial, emotional, or both. You should include the evidence of the injury or negligence in this letter to strengthen your position.
Negotiate with the Owner
After sending the demand letter, the property owner or their insurer will respond to it. Usually, this includes a negotiation or settlement. It helps to have a lawyer deal with the negotiation so that they can fight for a favorable settlement for you.
Mediate with the Owner
For cases where you can’t settle or agree on a resolution, you should consider mediation. This is when you hire a neutral party to facilitate constructive communication between you and the owner so you can both come up with a resolution together.
Trial
Legal proceedings are a last resort if parties can’t reach a settlement via mediation. Your lawyer might suggest that you take legal action and go to trial in serious cases, such as if there’s severe negligence involved.
During a trial for your premises liability claim, the judge will consider both parties’ evidence and decide on a verdict. If you are found to be victorious, you’ll be awarded damages for the injury.
How Do You Win a Premises Liability Case?
To be successful when pursuing a premises liability case, you need to prove three things:
- There was a danger or risk on the person’s property. For example, accumulated snow on a driveway that caused you to slip.
- The property owner was negligent. They need to have caused it or known about it but not fixed the situation. At the very least, they should have warned visitors about it.
- The negligence caused the injury.
Having a lawyer on your side to prove these important things can make a huge difference in the success of your case. A lawyer will use their expertise to legally prove negligence, look at the entire picture of the incident, and take local property laws into account to strengthen your case.
Do you need a lawyer for your premises liability case?
You don’t have to go through a stressful premises liability case alone. Expert legal guidance is available. Hire a lawyer from ContractsCounsel. All lawyers are vetted on the platform with years of experience and skill, and excellent credentials, to help you gain compensation after a stressful premises liability situation.
