What To Look for in a Premise Liability Lawyer

There are over 500,000 slip and fall injuries every year in North America, and many of those victims are injured due to the negligence of someone else, requiring the assistance of a qualified premise liability lawyer. Premise liability is the legal term for the fact that owners are often liable for injuries suffered on their property, or premises. In the hands of an experienced premise liability lawyer, a victim may be able to receive the compensation they deserve for their medical expenses, pain and suffering, and more.

Definition of Premise Liability

Premise liability is the legal responsibility of a property owner for the safety of visitors to their property. If an owner opens up their property to visitors, especially in the case of public property such as retail stores, amusement parks, and service facilities, the law maintains that they owe a debt to those visitors to maintain that property safely. In general, that applies to invitees, or parties that visit the property at the invitation of the owner, or licensees, those who choose to visit the property for their own purposes, like a social guest. It is generally not considered the owner’s responsibility to maintain the property for the safety of trespassers, although if it is clear that the owner knew and did not sufficiently prevent the entry of trespassers, they may have some liability for their safety.

Some states focus on the type of visitor when determining if the owner is liable for a visitor’s injuries, others focus on the condition of the property. Premise liability law maintains that the owner of property has a responsibility to

• Refrain from creating and leaving dangerous conditions on their property without sufficient warning to visitors

• Repair or clearly warn of any dangerous conditions they know to exist on their property

• Maintain their property in such a manner that a responsible person would, being aware of and correcting any dangerous conditions.

Premise Liability Claims

When it is determined, that a visitor suffered an accident or injury due to the liability of the owner, the victim may have the right to file a premise liability lawsuit against that owner. Such suits may seek compensation for medical costs, pain and suffering, and lost wages. On the other hand, a visitor has the responsibility to carry himself or herself with reasonable care. If they do not do so, they may be liable, or at least partially liable, for their own injuries.

Getting Legal Help with Premise Liability Claims

It is vital to enlist an experienced premise liability attorney to handle this type of claim. There are many details that the victim’s lawyer must be able to ascertain through their initial investigation. They must understand premise liability law in general and the law as it is written in the victim’s home state. In addition, they must be skilled at both negotiation and litigation. Negotiation because these types of cases may often be settled out of court, but when they are not, the victim’s representative must be able to argue effectively in court. Premise liability attorneys who understand these elements can protect and represent their client well, compiling a strong case for compensation to the court.