A slip on a wet floor or a trip on an uneven sidewalk can cause medical and financial problems. If you suffer harm due to the negligence of the property owner, you may be eligible to file a claim and get compensation for the injuries sustained.
Before suing, you must understand premises liability laws and the kinds of cases that qualify for compensation. Here is more about premises liability laws and how a slip and fall lawyer can help you get fair results.
The Elements of a Premises Liability Case
Not every premise accident qualifies for compensation. The premises liability doctrine requires property owners to keep their premises reasonably safe for anyone who enters. Several elements determine the viability of a premises liability case:
Lawful Presence on the Property
You must prove that you were on the premises with the owner’s consent or for a legal reason. Trespassers typically garner less protection under premises liability laws. Finding the owner of public spaces like malls, theaters, or parking lots can be challenging, but a slip and fall lawyer can help locate the right party.
Proof of Hazardous Conditions
Victims must demonstrate that a hazardous condition existed on the property. These hazards could range from a wet floor without proper warning signs to building code violations. Video camera footage and witnesses help validate proof of hazardous conditions.
Link Between Condition and Injury
You must prove that you didn’t have any injuries before the accident or the accident caused your injury. If you did have a previous injury, you should have solid evidence that the accident aggravated the pain. Medical records provide evidence of injury before and after the accident.
Maximizing Recovery and Avoiding Pitfalls
Navigating a premises liability claim is more complex if you have no knowledge of the law requirements. Several steps will help you secure a smooth recovery and fair compensation. Here are things to do after a premise accident.
Seek Medical Help
Medical records are necessary for proving significant injury, so consult a medic for assessment as soon as possible after the accident.
Don’t assume you have no injuries because you didn’t sustain bruises or visible marks. You could have sustained internal injuries, so let a medical professional evaluate you and provide a comprehensive report that will help in legal proceedings.
Report the Incident
Whether it’s a slip and fall or an elevator accident, report the incident to the property owner before leaving the scene. Ask the landlord or property owner to write the report and request a copy, which you can use as evidence. You can also call the police to get an incident report and give the police report to your lawyer to use as additional evidence.
Document the Accident and Gather Evidence
Collect the name and address of the premises. If applicable, document the names and contact information of any witnesses around. Proof for a premise liability could include photos or videos of the scene. In a slip and fall accident, you may capture clear images of the wet floor and show that there was no warning sign. Take visuals of your injuries with a camera or video on the same day as the incident.
Consult a Slip and Fall Lawyer
A lawyer comes in handy to guide you through the legal requirements in premises liability litigation. An experienced lawyer will evaluate your case to determine your eligibility for compensation. The attorney will handle all the formalities as you focus on recovery. Look for an attorney with extensive experience in personal injury law. A slip and fall lawyer is more likely to help you maximize your compensation in case of a fall than you would representing yourself.
Start Right Away
In premises liability, the statute of limitations means you cannot wait for too long to start working on building a case. Failing to file a claim within the specified timeframe can nullify your right to compensation, making prompt action imperative. Talk to a lawyer right away to make sure you remain within the allowed timeline.
Talk With a Lawyer About Premises Liability Laws
Premises liability laws emphasize the duty of care property owners owe their visitors. They also provide a path to restitution for those who sustain injury due to a property’s unsafe conditions. By grasping the fundamentals of these laws and proactively addressing aftermath procedures, you can receive prompt medical care and fair compensation. Consult a slip and fall attorney to guide you through the claim filing processes.
