Do You Need A Premise Liability Lawyer?

Premise liability law is a special body of tort law that applies to injuries that happen at a public or private location. Premise liability law can come into play when you slip and fall at a grocery store. If you are walking on a public sidewalk and injure yourself and want to sue the government who maintains the street, this is an example of a situation in which premise liability law will apply. If you are invited to a neighbor or friend's house and his sidewalk and steps aren't maintained and you hurt yourself, premise liability law applies as well. There may, however, be a number of different rules depending on where you were when you got injured and why you were there... so, do you need a premise liability lawyer to help you?

Should You Hire a Premise Liability Lawyer

Under the law, you never need a lawyer. You can represent yourself in any legal case and you are referred to as a pro se litigant. However, while you aren't required to have a lawyer, it is almost never a good idea to go without one. This is especially true in premises liability cases.

There are a number of technical aspects to proving a premises liability case. First, there are three different standards of care that apply when proving that the other party is negligent:

Invitees are those who are invited to a premises to do business with the owner, or for the primary benefit of the premises owner. They are afforded the highest duty of care
Licensees are those invited to a premises for the mutual benefit of the guest and the owner. If you go to a friend's house, you may be classified as a licensee. You are afforded some protection, but not as much as invitees.
Trespassers are afforded very little protection. They are individuals who come onto a property uninvited, and usually the only rule is that homeowners can't set dangerous traps for them.

You will need to make an argument that you fall into one of these particular groups, and you will also need to provide case law and evidence to prove that the owner of the premises breached his duty to you. Doing this is all highly technical and involves an in depth understanding of the law... unless you have that understanding, you should strongly consider hiring a premise liability lawyer.

Getting Help

Once you have made the decision to pursue a premises liability claim, find a premise liability lawyer who is experienced in the type of lawsuit you are bringing. Make sure you work with an attorney you feel comfortable with and ask him to fully explain how the case will proceed and what recovery you can expect from your premises liability lawsuit.

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