A slip and fall lawyer can help streamline your case and maximise your compensation. Factors like the cause of the accident help lawyers determine whether premises liability laws are applicable to your case. Here are six other factors involved in premises liability laws:
1. Victim’s Visitor Status
Licensee is a legal status recognized in premises liability slip and fall cases. This status applies to individuals legally allowed to visit a property. Licensees must prove property owners’ knowledge of various hazards and negligence to use premises liability laws in their cases. An invitee is another visitor status that applies in premises liability cases. Invitees are clients requested to visit a property by the owner. Attorneys help injured invitees prove the unsafe conditions of a premise.
Premises liability laws also recognize trespassers as an injured person’s status. Trespassers are individuals who visit a property without the owners’ consent. A trespasser must prove that a property owner harmed them intentionally to receive benefits from premises laws.
2. Damages
Injuries are common damages lawyers must prove in premise liability cases. These damages may include bone fractures, head injuries, cuts, and spinal cord injuries. Lawyers use medical records to prove the severity of your injuries and negotiate higher settlements. Economical damages are also elements of premises liability laws. These damages include loss of earnings and treatment expenses caused by the accident. Employer testimonials and bank statements can help your lawyer prove your economic damages.
Premises liability laws also provide coverage for an accident victim’s permanent disability. If a property owner was responsible for the injury that led to disability, your lawyer will add future care costs you may incur to your compensation claim. Accurately calculated damages enable a slip and fall lawyer to fight for fair compensation.
3. Evidence
Adequate evidence helps prove the property owner as the at-fault party. Accident scene photos, witness testimonies, and video footage may boost your claim. A commercial property owner should provide an incident report to accident victims. Keep copies of all accident, police, and medical reports to justify your claim. Quality evidence in premises liability must be relevant, credible, and timely. Precise and explicit proof can help make a liability claim more effective.
An attorneycan help you gather evidence more accurately and efficiently. They may summon witnesses and review incident photos or recorded footage. Your lawyer can use collected evidence to prove your personal or property damage.
4. Duty of Care
Premises liability laws state that it is a property owner’s responsibility to protect visitors’ safety. Regular property inspections by the premises owner fall under this responsibility. Inspections promote proactive property maintenance and reduce accident cases.
Property owners are also responsible for warning visitors about potential hazards. Lawyers know how to prove duty of care negligence by premises owners. Duty of care breaches may involve property owners creating a hazard and intentionally ignoring it. A visitor’s legal status determines a premises owner’s standard of care. Your visit intentions may affect your claim when proving duty of care. Owners who post clear warnings and adhere to local building codes are less likely to face failed duty of care claims.
5. Property Conditions
Premises liability laws require a property to be in good condition to prevent injuries. Poor lighting is a condition that causes slip and fall accidents. Areas requiring adequate lighting in commercial premises include walkways, entrances, and stairways.
Property owners can be held liable for allowing slippery flooring installation. Lawyers may check for anti-slip floor coatings before filing premises liability claims. Tile, vinyl, and marble flooring are slippery options that cause premises liability. Other unsafe property conditions include potholes, spills, and exposed wiring. The property owner’s liability burden may depend on the nature of the hazard. Permanent conditions like uneven floors attract more liability than temporary conditions like spills.
6. Visitor’s Actions
Contributory negligence is an action that makes injured victims liable for their actions. This negligence results when visitors disregard obvious hazards or warning signage. Slips and falls caused by reckless walking also prevent premises owners from becoming liable.
Risk assumption is another negligent action performed by premises visitors. The action can include touching exposed electrical wires or entering prohibited locations. Such careless actions allow premises owners to file legal claims against injury victims.
Contact a Slip and Fall Lawyer
An experienced lawyer can help protect your rights during premises liability cases. The attorneys know how to calculate damage and handle insurers on your behalf. Call a slip and fall lawyer today for legal advice or representation.
