Premises liability is a legal theory that holds owners and occupiers of property responsible for injuries and accidents that occur on their property as a result of a dangerous condition on that property. An owner or occupier of a property can be liable for accidents or injuries that occur on the property if he/she has knowledge of a dangerous condition, and fails to take reasonable steps to correct that condition or warn visitors.
There are strict time limits in which a claim for damages and personal injury can be brought against a negligent party. These time limits are often called "Statute of Limitations". This means that after the incident you only have a certain amount of time in which to file a lawsuit. After that time, your right to file a claim is waived. These statutes vary from state to state, and can vary depending on the circumstances of the claim. If you believe you may have a potential claim, you should seek the assistance of a qualified attorney as soon as possible.
There are many factors taken into consideration regarding premises liability claims, including:
The circumstances under which the injured party entered the property;
What the property is used for;
Whether or not the accident/injury should have been foreseeable;
The reasonableness of the owner/occupier's efforts to prevent injury by repairing the condition or warning visitors of the condition.
Other things to consider include whether or not the injury occurred on public/government-owned property; whether or not the visitor had permission to be on the property; and, whether or not the injured party exercised reasonable care for his/her own safety.
These are all things that make premises liability claims extremely complex. This is why having an experienced attorney in your corner is essential to success in these cases. At the office of Brad Bradshaw, MD, JD, LC, we are committed to fighting to help our clients receive the compensation they deserve to make their lives whole again. For over 20 years, we have been ensuring our clients will have access to the medical care they need and the ability to meet their obligations.
If you have been injured, contact our office today.
What You Should Do if You Are Injured on Someone Else's Property
If you feel that you have been injured, seek immediate medical attention. If the injury is serious, call 911 and get medical personnel on the scene as soon as possible.
Unless you are in need of immediate medical attention, try not to leave the scene until you have notified the owner/occupier of the property of what happened and have made a written report if possible.
Ask for a copy of any written incident report/forms that you fill out regarding your accident.
If possible, try to get photos of the condition that caused the accident. Try to get these photos as soon after the accident as possible. If possible, make a note of any surveillance cameras that might have documented the accident.
Try to get the names, addresses and telephone numbers of any and all witnesses to the accident.