Did you get injured or involved in an accident while on another person’s property? Do you want to file a claim against an establishment that’s negligent about safety for guests?
A great solution is to talk to a premises liability attorney.
All property owners must keep their land and buildings safe. These obligations are all under local, state, and federal law. If you’ve slipped from a staircase or stumbled while walking over a defective sidewalk, you can file a claim.
You may wonder who you need to go to if you want to file this claim. The person you’re looking for is a premises liability attorney.
Keep reading to learn more about what a liability attorney does and how one can help you.
1. What Does a Premises Liability Lawyer Do?
When you enter an area where you need to do business, you’d expect the place to be safe. Most establishments follow a policy to keep customers and others safe. If they were negligent and you got hurt from a preventable injury, you can file a claim against them.
This is where a premises liability lawyer comes in. A premises liability lawyer will do everything he can to build a strong case for you. He will also make sure you receive the right amount that you’re entitled to.
Related: Online Security Guard Training
2. What Is Premises Liability?
Premises liability is a legal concept that holds a property owner responsible for damages from an injury on his property. In all states, the owners must make an effort to maintain a safe environment for visitors. This includes private lots where you welcome guests like homes.
3. Negligent and Inadequate Security
Safety isn’t the only issue that can affect a person’s health but also criminal activity. If an establishment has negligent security, crimes and violent acts can take place in it. Such crimes include robbery, assault, battery, or rape.
If you were the victim of negligent security, you can take it to court as a negligent security suit. Remember, negligent security assumes that the crime is preventable or made less likely. This means the crime is avoidable if the owner focused on ensuring security in his property.
4. Who Can File a Premises Liability Claim?
Anybody who got hurt can file a premises liability claim against a property owner or its tenants. You can be a paying customer, a social guest, or a passer-by. Note that people who have no business in the area or trespassers also face liability.
You may work for an employer who is negligent about taking workplace safety measures. If you receive injuries from this negligence, you can report your employer to OSHA and file a claim. In 2019, private industry employers reported 2.8 million nonfatal injuries and illnesses in the workplace.
5. A Premises Liability Attorney Will Investigate Your Claim Well
An experienced premises liability attorney will investigate the event with care and diligence. He understands your claim well and what it’s worth based on its strengths and weaknesses. He will hire experts to investigate the accident to get more information on the case.
He will collect all the evidence to back up your claim. That includes getting copies of accident reports, photographs, medical reports, CCTV tapes, and more. He will use all this to create a strong case of negligent security or negligence.
6. He Will Hire Experts and Interview Witnesses
Your attorney will not only investigate to the best of his ability but will also get witnesses for you. For example, he will get an expert physician or doctor to prove the extent of your injuries. He will get a specialist or expert to prove liability and the amount of compensation you’re owed.
Your attorney will also contact witnesses from the scene who saw the accident and take their statements. Since memories and details can fade, an expert attorney will do this right away. People who saw the accident may also move away, which can jeopardize your claim.
If the witness disappears, your attorney may have ways of finding him or her. He likely has a web of connections that he can use to find the witness.
7. He Can Find and Identify All Responsible Parties
Expert lawyers know who to look for when handling a premises liability claim. They can identify all parties and increase the chances of you getting a full settlement. This is ideal for premise liability cases where the business or property owner isn’t the only one responsible for compensating you. He won’t only identify them but also pursue your claim with them.
8. A Premises Liability Lawyer Knows How to Negotiate Your Settlement
An experienced premises liability attorney can negotiate your settlement better than you can. He will pull out techniques and methods formed from his years of experience. Thus, he can also expect the insurance adjuster’s arguments that can reduce your claim.
Some insurance adjusters will even try to overcome the disputes. Get an attorney who knows what to take cases to trial, especially if the settlements are too low. If an insurance adjuster knows your lawyer will do this, he’s more likely to be fair in negotiations.
9. He Will File a Lawsuit
45% of new businesses fail within the first 5 years, and yours could join them if you’re not prepared. Ensuring customer security and safety isn’t a top reason, but it plays a huge role. Without getting ensured their security and safety, the customers of the business won’t trust it. This can lead to the business losing sales and failing.
Lawsuits against the business are yet another factor that can make it fail. If your attorney can’t resolve a claim through settlement, he will bump the claim up and file a lawsuit for you. The business or property owner will have no choice but to defend the lawsuit.
Get the Compensation You Deserve
There will be times when you don’t need to file a claim against a person or establishment. For the times that you do, you now know where to go. We hope you got all the information you need from this guide on hiring a premises liability attorney.
Do you want to learn more about the law and the duties of an establishment? Do you want to keep reading other content that covers topics like these? Check out our other guides now for more information and data on these matters.