Case Valuation for Premises Liability Lawsuits

Premises liability lawsuits vary in the amount of compensation awarded to an injured party. When determining the value of your premises liability case, you and the courts will look to several factors, including the status of the injured party, the landowner’s behavior and the ability to anticipate injury. These factors are not given a specific numerical value but instead provide a starting point for valuation.

Valuation and the Status of the Injured Party

Under the law, an injured party can be labeled an invitee, licensee or a trespasser. A trespasser is an individual that has no right to be on the property; therefore, he is accorded less value for his injuries. The exception to this is if the landowner knew of the trespasser’s presence and failed to warn him of known, serious hazards. An invitee is an individual that enters onto the land for a commercial benefit to the landowner, such as a landscaper. A licensee is an individual who enters onto the property for no commercial benefit, such as a guest. Both invitees and licensees are granted greater value in their presence because they entered the property at the behest of the landowner. Because of this, they are often awarded more money.

Valuation and the Landowner’s Behavior

A landowner has a legal duty to maintain a safe premise for those individuals he invites onto his land – invitees and licensees – and for those he knows will be on his property – known trespassers. This law requires a landowner to make reasonable repairs and inspect his property so that he may warn individuals about the potential for injury. Failure to do so is a breach of his duty and may permit an injured party to recover more compensation.

Valuation and the Type of Injury

The last thing a court will look to when placing value on a premise liability claim is the type of injury. If the injury was small and did not cost much in medical bills for treatment, the amount recovered will be smaller. Additionally, if the injured party’s behavior was reckless or unpredictable, he may be prevented from recovering for his injury. However, a serious injury caused by a landowner’s failure to abide by the law will be heavily compensated.

Getting Legal Help

If you have been injured on another individual’s property and wonder how much you could possibly recover for your injuries, consult with an attorney. An attorney will evaluate the facts of your case in light of similar cases in your area and provide you with an opinion about the value of your case.