Filing a Premises Liability Lawsuit After an Injury
All property owners maintain premises liability, which simply means they are responsible for any injuries that occur due to an accident on their property. Therefore, if you have been injured while on someone’s property, read below tolearn how you can utilize premises liability laws and acquire compensation:
What elements must be present to file a premises liability suit?
For the property owner to be held legally responsible for an accident on their property, one of the following must be true:
- The owner must have known about the issue and failed to act on it. An example of this situation could include a landlord who was notified of a potentially dangerous situation many times but did nothing to remedy the issue. If a person was injured as a result of a landlord’s failure to fix the problem they knew about, the owner can be held responsible.
- An owner can also be held responsible for a dangerous situation that they should have known about such as ice or snow accumulating on their property. This situation could result in a fall, which the owner would be responsible for since they should have known the conditions were dangerous and fixed the issue.
- The owner of the property must have caused the dangerous condition, which led to an accident. This happens when a spill occurs or other similar situation, which then results in an injury to someone on the property.
What would the compensation be if awarded?
If you chose to seek compensation from a property owner after an accident on their property, you can expect some of the following in way of compensation:
- Missed wages: If the injury has left you unable to work, you could be entitled to compensation meant to replace your income as well as the replacement of any income you have already missed due to your injuries.
- Medical expenses: Any medical expenses that have accrued due to your accident could become the responsibility of the property owner. In some cases, future medical care due to your injury is also covered.
- Pain and suffering: There is no set formula used when proving pain and suffering. However, if you suffered pain due to your injury or you have suffered mental or emotional trauma due to the accident, this can mean additional compensation.
Accidents are an everyday occurrence, and if you have become the victim of an accident, which occurred on someone’s property, you could be compensated for losses associated with the accident. Seeking the services of an attorney who is skilled in handling premises liability cases is advisable to best utilize premises liability law.
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