A Lawyer’s Guide to Winning a Premise Liability Case

A Lawyer's Guide to Winning a Premise Liability Case

There are many variations of premise liability cases occurring across America. The number of slip and fall cases at Walmart was accruing around 50 Billion dollars in lawsuit funds.

You may need to prove fault if you ever involve yourself in a premise liability case. But how do you do so?

If you’re interested in learning all about common premises liability cases and how to win one, then look no further. This guide will show you all the right steps to winning a case.

Types of Premise Liability Cases

In general, a premises liability case refers to any type of case that involves a personal injury on another’s property. This can include a person’s private residence.

It can also involve a company’s property or any type of public property. Certain cases can also include various injuries taking place on a construction site.

But, injury on a property doesn’t automatically grant recovery funds. There are more steps you need to take to ensure you cover all bases under personal injury laws.

The law generally requires you to establish a few things regarding the owner of the property. This includes the main person who exerts control over said property.

Premises Liability Elements

Personal injury cases must establish that this owner was negligent in their conduct. This negligence must be apparent enough that it lead to this injury.

The conditional circumstances will link to the given injury. It must warrant an appeal in your favor. There are few important questions you should ask if you suffer an injury on someone’s property.

First, you should ask if the property owner has what is known as Medical Payments Coverage. Sometimes owners already possess medical payment coverages. Generally, this consists of a lower amount of coverage.

But, if they have that coverage, you may be able to submit your medical expenses. If they possess this coverage, the board will review the receipts for acceptance.

This payment may have coverage regardless of proof between either party. In this context, you do not need to establish fault. This can sometimes help defray some of the costs of medical expenses relating to an injury.

Common Premise Liability Cases

If a person is hurt, sometimes personal injury lawyers will use certain terms to refer to these injuries. Sometimes these conditions are known as an open and obvious condition or defect on a property.

This means that the circumstances resulting in this injury were apparent. The law provides defenses for property owners or people in control of a property. These laws protect the owners from liability in these open and obvious cases.

But, there are exceptions to those defenses. These exceptions require a fact-specific analysis of the circumstances surrounding the injury. The courts will decide depending on the factors relating to the injury.

One exception includes conditions on the property that provide distractions. These distractions may divert attention from more obvious obstacles.

But, if you believe you have an injury case, you should still consult with a personal injury attorney. Even if you feel it is an open and obvious condition, you should still consult. The personal injury lawyer can verify whether or not you have an appropriate claim.

Fault and Liability

Sometimes a property owner or someone in control of the said property is not aware of a condition. This unawareness of a condition can still lead to injury. The law still provides certain defenses in these circumstances.

But, there are exceptions if a person doesn’t have previous notice. Some of these exceptions include the conditions on the property over a lengthy period of time.

At this point, the owners are held accountable for the presence of this condition. Other exceptions include the conduct of the business of the property owner. This behavior may cause or create the condition that leads to the injury.

For instance, a foreman or property owner may conduct business leading to an injury. This might be due to development plans of a building or demolishing of a construction site. 

But, in general, it’s a fact-specific analysis. It is always wise to consult with a personal injury lawyer regardless of the terms.

Documents and Release Forms

In certain types of cases, people engaging in some type of activity may sign a release form. Under the law, owners may refer to this document as an exculpatory clause.

These documents are everywhere in facilities across America. Film sets and even documentary shoots require these forms to prevent halting shoots.

Health clubs may require you to sign these forms to engage in certain workout activities. These forms essentially release the property owner from certain forms of negligent behavior.

These documents need to be read very closely before a person signs them. Once a person signs, it may limit the person’s ability to pursue a cause of action.

There are a few exceptions to liability when someone signs a release. Behavior that rises to willful or reckless behavior may circumvent these limitations.

A personal injury lawyer may draft a document in a way to help this claim. A release form does not immediately grant immunity to the owner. But, these circumstances require a full legal analysis.

Natural and Unnatural Conditions

Territories with difficult weather conditions are known to cause slip and fall injuries. Heavy winter states like Michigan are known to have slip and fall cases due to ice.

Snow and Ice can be viable cases involving injuries from slipping. It requires a full legal analysis or determination on its location. Personal Injury Lawyers must also look into the reasoning for its appearance.

In certain cases, there are statutes that protect residential homeowners from snow and ice falls. In New York City, certain landlords require their supers to spread salt across the streets to prevent falls.

Some property owners possess the materials to clean up this material. If the owners neglect the buildup of ice, it can lead to serious injury. This may be grounds for a lawsuit.

The snow and ice buildup may be due to natural conditions. Personal Injury Lawyers refer to this as a natural accumulation of ice or snow.

In general, these laws make it difficult to pursue cases against a natural accumulation of ice or snow. But, there is a condition lawyers refer to as an unnatural accumulation of ice or snow. These cases are oftentimes actionable.

Construction Sites and Liability

Property owners may construct a facility in a way that sheds a big amount of snow. A gutter or drainage pipe may leak onto a walkway in an irresponsible way. This walkway may lead to an entrance with heavy traffic.

In these cases, personal injury lawyers may consider this an unnatural accumulation of ice or snow. These circumstances go against the natural falling of ice or snow onto the pavements.

The gutters or angles of the roof may guide the snow or ice to an unsafe location. This can happen in many different contexts.

The unnatural construction of the property gives rise to dangerous conditions. Under these circumstances, the consequences are actionable. 

There are many kinds of limitations when a property owner is responsible for an injury. A person may enter premises and alter items on the property.

Abuse & Purposeful Misconduct

This purposeful alteration of the property may cause an injury immediately afterward. The person may use an item on the property as a means to cause injury and file a claim.

It’s next to impossible for a property owner to know about these circumstances. So, it would be difficult to hold the property owner liable.

But, there may be a defense against the reckless behavior of another person. This person’s awareness of the public space can hold actionable consequences.

Other people or witnesses in the case will always change the outcome. The facts surrounding the circumstances will always be unique to the situation.

Premise Liability Cases can cover an array of structural circumstances. Parts of a facility can give way and cause serious injury. For example, a front porch can collapse causing injury to many individuals.

In this case, the personal injury attorney may seek to pursue action against the homeowner. Construction sites provide many examples of accidents in relation to poor structural integrity.

Construction sites themselves may provide poor regulations. Accidents occurring on site can relate to the premises causing injury. In this case, the property management team may be responsible for the injuries.

Many people consider slip and fall accidents to be the main action involving premises liability. But, there are many unique circumstances that can include actionable consequences.

Premise Liability Case

A Premise Liability Case can take many forms depending on the conditions. But, if you’ve been hurt and it was occurring on someone’s premises, seek action. 

There are many ways that these cases can evolve. If you have any questions regarding a case, always consult a personal injury attorney.

Check out our Law blog for more information on how to take action on your injury case!

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About the Author: Tom William

My name is Tom William a expert content creator and SEO expert having Proven record of excellent writing demonstrated in a professional portfolio Impeccable grasp of the English language, including press releases and current trends in slang and details.