There are different aspects of a premises liability claim that may lead to certain issues or necessary factors. Some of these claims may include injuries when on a property from slips and falls, dog bites, toxic or hazardous substance exposure and defects on the property. However, the victim may also fall prey to slippery or icy walkways, trips or slips from pavement or rugs and other dangers that can expose the individual to injury while on someone’s property. When suffering from bodily harm, the plaintiff will need the support and assistance of a premises liability lawyer.
What Is a Premises Liability Claim?
When a person suffers an injury while on the property controlled or owned by another person, he or she may have a valid premises liability claim. Generally, these cases involve the negligence of the property owner in either keeping the location maintained or by removing hazards he or she is aware of that could cause another person harm. There are certain conditions that can extend to remove liability with these dangers such as trespassers or someone invading the home. However, other exceptions exist if the victim of the injury is under the age of majority for the state.
The Complexity of the Claim
It is important to hire a lawyer versed in premises liability issues because many of these claims are complex and require a specific understanding of the minute details. The claim itself usually needs to prove that the owner or controller of the land is negligent. However, some claims may need to prove who this person is because the tenant may not control the property while the owner could rent the land to someone else entirely. Then, the controller could ensure the upkeep of the land but forget the building. Or the property
could have all the necessary maintenance but danger lurks which causes the injury that the controlling party knew nothing about.
Winning the Claim
For a successful claim, the plaintiff must show that the property owner or controller was negligent in preventing injury because of dangers on the land or in the building. This requires a failure in maintaining the grounds, an unsafe condition because of this lack of maintenance that caused injury, some form of hazard through chemicals or another issue such as ice or snow which caused a trip and fall. Any number of problems could exist. However, the court will consider the reasonableness taken to remove the danger and if the person was a guest, invitee or a trespasser.
Representation and the Claim
It is important to seek legal representation quickly after a premises liability issue caused an injury to the victim. While there are various aspects that are possible, proving the claim is often difficult without someone with a professional background investigating the matter. If the plaintiff needs time to recover from the damage and bodily harm, he or she can hire a lawyer to help gather and collect all relevant evidence. Generally, the claim has a short statute of limitations window that cannot exceed, or this person could face the dismissal of his or her case.
Based on the state where the incident occurs, the plaintiff may need to comply with slightly different rules and a statute of limitations. By hiring a lawyer early, he or she can help to increase the strength of the claim and not scramble to make the case quickly. If it is possible, settlement negotiations may occur outside of the courts and can bypass the length of time litigation requires as well as the extra costs because of the lawsuit. It is important to discuss these matters with the lawyer hired and express the need to seek a quick resolution to the premises liability claim because of a lack of funds or time to recover.
The Premises Liability Lawyer to Handle the Claim
The lawyer hired for a premises liability claim can investigate the case while the victim recovers. He or she can communicate the needs in a demand letter. The lawyer can gather evidence to strengthen the claim and then enter into negotiations for a settlement as well.
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