With Injuries Come Great Liability
- Author Jinky Belle Abelardo
- Published January 28, 2008
- Word count 553
Any property, especially the ones frequently visited by people, should be properly maintained by the owner. Safety of the individuals visiting their premises, or even the persons simply passing by, should be one of the main concerns of the owner. Simple routines, signboards, and regular inspection are some of the easy steps in protecting these people.
Unfortunately, not all owners put the people’s safety at best. Accidents often happen because an owner forgot to cover the hole in his front yard, or an owner didn’t display a warning sign that says the floor is wet, or when a proprietor failed to fix the damage on the broken stairs.
There are several other instances when accidents occur due to the fault of the property owner. In order to ensure the safety of people in another person’s premises, certain laws have been implemented regarding one’s liability to his property.
Premise liability law refers to the law that makes an owner of any property answerable to the injuries sustained by a person in their premises. Jurisdictions require a property owner to follow a duty of care. The duty of care requires an occupier to be responsible with their property and see to it that people entering their premises will not be harmed.
If the duty of care is neglected or breached, the injured party may sue the respondent for damages.
Determining whether the owner is liable to your injuries require a careful inspection of the property and an analysis of the incident. The decision to validate your claims lies on the part of the investigators.
The investigation must be able to prove how long the improper condition had been there and show the prior knowledge of the owner about it. There must also be evidence of inappropriate maintenance and inaction to repair a known danger. Engineering inspection will take place to verify these faulty acts.
The common premise liability incidents include:
• Slip and fall accidents
• Trip and fall accidents
• Escalator accidents
• Falling debris accidents
• Construction site accidents
• Toxic chemical exposure
• Elevator accidents
• Negligent security
• Animal attacks
If you have been a victim in any of the cases mentioned above, you have the right to recover damages for the injuries you have sustained. Compensation for premise liability claims is similar to personal injury claims. The following are some of the damages you may charge:
• Hospital bills
• Pain and suffering
• Loss of potential income
• Past and future medical expenses
However, some premise liability cases can be as simple as slip and fall accidents. Minor cases like these may not always be favored in court, especially when there is lack of sufficient proof to satisfy your claims.
Thus, it is helpful to have a premise liability lawyer. Let your lawyer assist you in filing premise liability charges. He/she will guide you through the legal process.
However, if you are merely uncertain with your position in the incident, you may consult an expert lawyer to help you assess the strengths and weaknesses of your case.
Consultation with an attorney is important in order for you to bring the necessary charges against the owner. Immediate filing of lawsuit is essential before your case is disqualified by the statute of limitation implemented in your state.
Find a good premise liability attorney who can represent your case successfully.
Win your premise liability claim through the legal assistance of a Los Angeles Premise Liability lawyer.
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