Premises liability is a wide-reaching umbrella encompassing accidents that happen on someone else’s property. In these cases, the victim is typically suing a property owner and their property insurance company for the damages they have suffered, although in some cases, there may be additional parties involved, such as the tenant of a location. But what can you do if you have been involved in a premises liability accident?
What makes a premises liability case?
To win a premises liability case, there are two key elements: a duty of care and negligence or willful breach of that duty. Duty of care means that the property owner is expected to maintain their premises in safe conditions for invited guests or customers. Kimberly Raab, partner at Virginia law firm Burnett & Williams, explains some challenges of premises liability cases.
Generally speaking, property owners do not owe a duty of care to trespassers. Victims must also prove that the property owner showed negligence or willful breach of that duty of care. For example, if a property owner knew about a hazard before an accident or created those unsafe conditions as a “booby trap,” they will be found liable.
Types of cases that fall under premises liability law
Arguably the most common form of premises liability lawsuit is the slip and fall lawsuit. This type of lawsuit occurs when a property owner creates dangerous conditions involving wet floors, causing the victim to injure themselves. In slip and fall cases, proving negligence can be one of the most difficult parts of the claim because your personal injury attorney must prove that the property owner should have known about the dangerous condition and failed to take action promptly to fix it.
Dog bite lawsuits also fall under the umbrella of premises liability. A dog owner is expected to properly control their animal, such as by keeping it on a leash or within a securely fenced area in their yard. If the property owner failed to take proper measures and the pet attacks a person or another animal, the owner could be found liable for negligently allowing their dog to get loose and cause harm.
Premises liability lawsuits can also arise from negligent security measures. For example, if a property owner has poor lighting on their property and someone is attacked, that property owner may be found liable for creating dangerous conditions. Or if a property owner has a swimming pool and does not secure it properly, and a child wanders into the pool and drowns, the property owner could be found liable for leaving those dangerous conditions exposed and causing a swimming pool accident.
“When you hire a personal injury lawyer to handle your premises liability case, you are having them fight to get you the compensation you deserve,” Raab explains. “Your attorney will typically begin by negotiating with the insurance company in an attempt to reach a satisfactory settlement, but sometimes, your lawyer and the insurance company aren’t able to agree on fair compensation. In these instances, your case may go to trial to be heard by a judge and/or jury.”
What damages do you receive compensation from the property owner for in a premises liability claim?
As with many personal injury lawsuits, a majority of the compensation in a premises liability lawsuit comes from medical expenses. Medical bills for treatment for a slip and fall or dog bite can cost thousands of dollars between initial emergency care and ongoing treatment and rehabilitation. A victim should not be left on the hook for these costs when they are due to someone else’s negligence.
Victims may also experience lost wages and reduced future earning capacity after being involved in an accident. Although slip and fall accidents and dog bites may seem minor at first, they can have serious, long-term effects, especially if there are any complications. In cases of severe injuries, victims may face permanent disability that could prevent them from working for the rest of their lives, and they should be compensated for these damages.
Beyond these tangible losses, victims may be compensated for the pain and suffering they experienced because of their injuries. However, since there is no hard financial figure tied to pain and suffering, it’s difficult to quantify the damages caused by pain and suffering. To determine fair compensation for pain and suffering, personal injury lawyers often use a multiplier of the tangible losses.
Hire Burnett & Williams to be your premises liability attorney to fight for the compensation you deserve after an accident
Hire Burnett & Williams to be your premises liability attorney to fight for the compensation you deserve after an accident
“If you or a loved one has been injured in a premises liability accident due to hazardous conditions, contact us today for a free consultation,” says Raab. “We will review your case and determine if we are the right fit to help get you the compensation you deserve.”