There’s nothing that can prevent an already happened accident. If you get hurt, the first type of help is the medical help that one should seek in such case. But since accidents happen for a reason like somebody can slip and fall because wet floor. In these types of accidents, the second type of help one should seek is the legal help. It’s because when you get hurt on someone’s property, it is their negligence that leads you to that position. Hence, premises liability lawyers will lead your way out of misery.
What is Premises Liability?
Premises liability is a legal term used to describe the level of care or negligence in providing the duty of care to hazardous environment. For example, if someone gets hurt by a dog bite, or something more serious, the property owner is responsible for that. They should have alerted the visitors or held their pets inside. So when anyone gets hurt because of someone else’s negligence, the property owner is liable for that and can be sued for their negligence.
The Role of a Premises Liability Lawyer
A Premises Liability Lawyer is expert in premises liability cases. They gather all the evidence, guide their clients through the legal systems, and build a strong case against the defendants. This way they get their clients enough compensation for their injury on the defendant’s premises. Here’s a closer look at what they do:
Initial Consultation and Case Evaluation
The first step of premise liability case lawyers is to consult their potential client’s case. They need to ask every little detail about the incident and gather all information to formulate in a way that builds their case. They will have to assess all the evidences including any photos, videos, or any witnesses. The level of injury and the expense to cater to that injury will be accounted and finally, they will check the viability of the case.
Gathering Evidence
Evidence is the key to unlocking your premises liability claim. That’s why the lawyer will gather all the information in the form of evidence. That includes the photos, videos, CCTV footage, or eyewitnesses of the incident to prove the case. Then they will ask the defendants about their past property maintenance. They will try and see if there was negligence in the past as well; that’s to establish a pattern in the negligence of property maintenance in the past.
Establishing Liability
The premises liability lawyer will try their best to prove that the property owner was negligent in providing a safe environment. That demands from the lawyer to establish the case with past maintenance negligence patterns. If that can be proven the case is yours already. The most important thing in this matter is to prove that the owner knew or should’ve known about the potential hazards but didn’t fix them. That’s where all the evidences come in handy.
Negotiating Settlements
Most such cases are settled out of court if they can be proven. That’s where the skilled premises liability lawyer will work their magic. They will try to negotiate with the property owner’s insurance company for as much settlement price as possible. It is to make sure that the victim is getting a claim for their lost wages, injury, suffering, and pain.
Litigation
Sometimes, these cases don’t settle out of court and that’s where your premises liability lawyer will have to use most of the skills. They will have to prove in court that the case they’re building is true and it is best for the defendants to pay the claim for that. It includes representing the client in court, present all the pieces of evidence, and making strong and compelling arguments in front of the jury. The case filing, and courtroom appearances, all will have to be handled by the lawyer from here on.
Common Types of Premises Liability Cases
Premises liability cases are very broad in spectrum. Some of the most common types include:
- Slip and Fall Accidents
This is the most common liability claim. It is when someone slips and falls on someone’s premises because of their negligent maintenance of the floors, walkways, or uneven surfaces.
- Inadequate Security
The property owners are liable to provide proper security and safety to their tenants, visitors, or licensees. Especially those property owners with commercial establishments like stores or corporate buildings.
- Dog Bites
This is the second-highest liability claim. The pet owners have to control their pets otherwise, they can be held accountable for someone’s injury.
- Swimming Pool Accidents
Swimming pools can have slippery decks, uneven surfaces, or even high-pressure water that can cause drownings. The owners must take care of that or they can be held responsible for anything unfortunate.
- Defective Property Conditions
Uneven or faulty staircase steps, broken or loose railings, or anything unsafe in their structure can be the reason for a liability claim.
- Retail Store Injuries
Store owners are responsible for a safe shopping environment. Anything from falling merchandise to wet floors can take them to the court.
Why You Need a Premises Liability Lawyer
Getting help does not hurt your ego, especially if it is about the legal complexities of your case. Here are some reasons why hiring a premises liability lawyer is essential:
- Legal Expertise
If you’re not a lawyer yourself, hiring a lawyer will help. Some various rules and regulations are different in each state. Having a lawyer who knows all that can be very helpful.
- Accurate Valuation of Claims
You may lose your claim or even if you get it, you may get it less than the actual potential claim. A lawyer will help you get what the defendants owe you in your premises liability case.
- Negotiation Skills
Negotiations are a big part of the premises liability claim. In fact, this is the soul of your case. So, if you cannot negotiate properly, you must hire a lawyer who will calculate every aspect of your loss including your pain and suffering and loss of quality of life.
- Peace of Mind
An injured person requires peace. There’s no space for legal hassle in that person’s life. Let the lawyers take care of that.
Choosing the Right Premises Liability Lawyer
Having the right premises liability lawyer is crucial for your case. Here are some tips to help you make an informed choice:
- Experience
Experiencing is the very first thing one should notice in hiring a lawyer for premises liability case.
- Reputation
A lawyer with a good reputation is a must, or you may not get the service you are expecting.
- Communication
Communication plays a key role in your client-lawyer relationship. Your lawyer should keep you posted about everything and listen to your concerns carefully.
- Fee Structure
The fee structure of your lawyer should either be affordable or contingent as most of the lawyers work on a contingent basis in these cases. This way, you pay only if you win.
Conclusion
Accidents can lead to a miserable life. Your lawyer will help you out in such a situation by getting you the fairest liability claim possible. That’s why someone with no knowledge of legal framework, must hire a premises liability lawyer to handle their case.
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