Injuries can happen virtually anytime due to a wide range of circumstances. From car accidents and property hazards to workplace accidents and dog bites, suffering an unexpected injury can leave you with not only physical trauma but growing financial stress. Medical bills, inability to earn an income, property damage, and other expenses pile up quickly. This makes it even more important for you to find a solution to your situation that can help you seek compensation from the party responsible for the accident that caused your injury.
One of the more common types of personal injury cases is premises liability — an incident in which you were injured while on someone else’s property. If you have been the victim of such an accident, you likely have questions about your rights and what you can do to pursue a resolution. There are circumstances under which you can seek to hold the property owner accountable for your injury and demand fair financial compensation for the harm you have suffered.
By hiring a knowledgeable Bellingham personal injury lawyer and gaining not only a better understanding of the process of pursuing an injury claim but valuable guidance throughout the legal process, you can put yourself in a strong position to seek the outcome you need. A lawyer with experience in helping injured people navigate premises liability cases can give you a strong chance to obtain the result you deserve — fair compensation you can use to pay your expenses and help you pick up the pieces of your life. Continue reading below to learn more about the process of suing someone if you suffered an injury on their property. Contact a premises liability attorney today to schedule a consultation to discuss your case in detail.
Understanding Premises Liability
Accidents in which people are injured on someone else’s property fall under the legal category of premises liability, which holds property owners legally responsible for damages incurred by visitors to their property due to failure to maintain reasonably safe conditions. When hazardous conditions on a property lead to someone suffering an injury, such as in a slip and fall, the owner may potentially be held liable for neglecting to address the issue.
Premises liability applies to any property — residential, commercial, or public properties — and can involve various types of hazards, including slippery floors, defective building structures, or insufficient security or safety precautions. To build an effective premises liability claim, the injured party must prove that the property owner owed visitors a legal duty of care, failed to carry out that duty and that this negligence directly caused the accident and the plaintiff’s injury.
Types of Visitors in Premises Liability Cases
As part of premises liability law, visitors to properties are classified into different categories, depending on their reasons for being on the property. In most jurisdictions, visitors are separated into the following categories:
- Invitees: People on the property to conduct business, such as retail store customers. Property owners owe invitees a duty of care to provide reasonably safe and secure conditions.
- Licensees: This category includes social guests allowed onto the property for non-commercial reasons. Property owners must address any known hazards and post adequate warnings of danger.
- Trespassers: Individuals coming onto the property without permission. Property owners owe trespassers minimal duty of care but must avoid causing intentional harm without cause.
Understanding these classifications of visitors can assist in determining and proving liability, depending on the details of your visit to the property.
Common Injuries Suffered in Premises Liability Accidents
Premises liability accidents can arise from various circumstances, leading to them causing a wide range of injuries. Some of the common types of injuries suffered by victims of premises liability accidents include:
- Bone fractures: Slip, trips, and other types of falls can result in broken bones.
- Lacerations & contusions: Contact with sharp objects, exposed hazards, or steep drops.
- Head injuries: Concussions or other traumatic brain injuries from falls or falling objects.
- Spinal cord injuries: Violent impact from falls or impact from flying objects can result in temporary or permanent damage to a victim’s spinal cord.
- Burns: Contact with fire, hot objects, or chemicals, causing mild to severe burns.
- Animal attacks: Dog bites, scratches, or other injuries caused by unrestrained pets.
Any of the injuries listed above can lead to significant medical expenses, so it’s important to take the proper steps to hold the property owner accountable and seek compensation.
Proving Liability in Premises Liability Cases
The injured party must establish specific elements to present a compelling and effective premises liability claim. To start, they must prove that the defendant was the owner, renter, or lessee of the property where the accident occurred. Then, it must be established that the defendant was aware of hazards on the property, was negligent in maintaining or repairing the property’s conditions, and did not warn visitors of any potential danger. The victim must also demonstrate that this negligence directly led to the accident and the plaintiff’s injuries. Finally, the injuries must have caused provable financial damage to the plaintiff.
Addressing all these elements means your attorney will present a strong premises liability claim. However, the insurance company will not simply take your premises liability lawyer’s word about what happened. Your lawyer must gather and provide evidence to support each element.
How Evidence Can Support Your Claim
Compiling any available evidence to support your claim is crucial to any legal case, including a premises liability claim. Key pieces of evidence frequently utilized by premises liability accident victims include:
- Photo & video evidence: Visual proof of the hazardous conditions that caused your injury, including video footage of the accident taking place.
- Witness testimony: Statements from people who saw the accidents or can confirm the conditions of the property.
- Maintenance records: Documentation showing whether the property and its conditions have been properly maintained and repairs have been made.
- Incident reports: Official reports created immediately following the accident.
- Medical records: Proof of your injuries, their severity, and the treatment required.
These pieces of evidence can significantly strengthen your claim and improve your chances of obtaining the desired compensation.
Common Legal Defenses Used by Property Owners
In preparation for your premises liability claim, your attorney needs to explain the different types of defenses property owners often use to dispute injury claims. Common arguments include:
- Lack of knowledge: Defendants claiming they were unaware of any hazards and had no reasonable means of discovering them.
- Obvious hazard: Property owners arguing that any danger present was clear and apparent and should have been avoided by the plaintiff.
- No control: Owners denying any responsibility for the property or its conditions, claiming others were negligent and at fault.
Your attorney will be well-versed in effectively handling these defenses and countering them with evidence and compelling arguments.
The Role of Insurance in Premises Liability Claims
Insurance companies often play a large role in premises liability cases, with defendants at least initially relying on their insurance providers and their liability coverage to shield them from injury claims. Insurance policies —homeowners, businesses, or renters — often provide compensation to claimants for medical expenses and other damages. Understanding these policies, how insurance companies operate, and what to expect in your interactions with them is essential as you pursue a premises liability claim.
Though going through a property owner’s insurance company may be a viable pathway to compensation, the claims process can be complicated. Relying on your lawyer to guide you through the process of filing claims, reviewing policy terms, and communicating with insurers is critical as providers will seek to minimize any payout.
Filing an Insurance Claim
The first step in the insurance process is filing a claim to seek compensation. The filing process typically involves notifying the property owner’s insurance provider of the accident and submitting documentation of your injuries and the resulting expenses. Medical records, incident reports, photos, and videos can support your claim. The property owner’s insurer will thoroughly investigate the incident and review all available evidence to assess their client’s liability. Having your lawyer prepare and file a strong claim can improve your chances of receiving a fair settlement offer. It should be noted, however, that it is important to approach this process cautiously, as insurance companies will often look for ways to minimize payouts.
Potential Challenges When Negotiating with Insurers
Interacting with insurance companies following a premises liability accident can present various challenges. Some of the common obstacles in such cases include:
- Low-ball settlement offers: Insurance providers often seek to undervalue claims in an attempt to convince claimants to accept lower-value compensation offers.
- Disputed liability: Insurers may dispute the liability of their clients and argue that the property owner was not negligent in the incident.
- Processing delays: Extending investigations or delaying communication can stall a claim and put off its resolution.
- Blame-shifting: Providers may claim that the incident was the fault of a third party’s negligence and the property owner was not responsible.
Experienced legal representation allows you to navigate these challenges and take appropriate steps to seek a fair settlement.
Damages Available in Premises Liability Claims
In a premises liability case, you may seek compensation for different damages. Common types of damages sought in premises liability claims include:
- Medical bills: Costs for emergency care, hospital stays, surgeries, and other treatment.
- Lost income: Lost income or diminished earning capacity due to inability to work.
- Property damage: Costs to repair or replace personal items that were damaged.
- Pain and suffering: Physical pain, emotional distress, and other harm caused.
These different types of damages should address the full scope of the harm you incurred due to the accident — physical, mental, and financial.
Why You Need the Help of a Premises Liability Attorney
Facing the aftermath of a premises liability accident without the help of an experienced personal injury attorney is never a wise choice. A skilled premises liability lawyer can assess the value of your case, gather evidence, and build a strong case to establish negligence on the part of the property owner. Your attorney will also be prepared to handle all communication and negotiation with insurance companies, protecting you from potentially falling prey to common mistakes.
Never accept a settlement offer without legal advice, as insurers regularly offer much less than you deserve. An attorney can determine what your claim should be worth and fight for every dollar.
Reach Out to an Experienced Premises Liability Lawyer Today
Christopher C. Walton, Accident Attorney
Facing the aftermath of an injury can be stressful and overwhelming. In addition to your journey of physical recovery, you are likely left dealing with a growing financial burden due to mounting medical costs, lost income due to being unable to work, damage to your property, and other sudden expenses resulting from your accident. By taking legal action to seek compensation from the party who caused your accident, you can take steps toward relieving that financial burden.
If you suffered an injury on someone else’s property, you do have the right to explore your legal options to pursue what you deserve. Depending on the details of your accident, you may be entitled to compensation due to the negligence or wrongful actions of the property owner. By seeking to hold them accountable, you can not only pursue the financial compensation you need to help you recover but also prevent other people from being victimized on the same property.
With so much riding on the resolution to your injury case, you owe it to yourself and your family to take whatever steps are necessary to attempt to reach a favorable outcome. When you seek the guidance of a knowledgeable Bellingham premises liability lawyer, you are taking the first and most important step toward that outcome. With the help of a skilled attorney, you can file a lawsuit that can put you in a position to work toward a settlement or trial verdict that provides you with compensation you can use to pay your medical bills, cover lost earnings, repair or replace damaged property, and ease your pain and suffering. If you have suffered an injury on someone else’s property due to their negligence, contact an experienced personal injury lawyer today to schedule a consultation.