You are eligible to sue for a slip-and-fall accident if the accident took place on someone else's property under premises liability law. So, what is premises liability? Premises liability litigation refers to the legal process of pursuing a claim for injuries or damages that occurred on someone else's property. These claims are based on the principle that property owners have a legal responsibility to maintain their property in a reasonably safe condition for visitors and guests.
When a property owner fails to meet this responsibility, and someone is injured or suffers damages. As a result, they may be held liable through a premises liability lawsuit. Common types of incidents that may give rise to a premises liability claim include slip and fall accidents, inadequate security, dangerous conditions on the property, and failure to warn of hazards.
The process of pursuing a premises liability claim typically involves gathering evidence, such as witness statements, photos, and medical records, to prove that the property owner was negligent in maintaining the property and that this negligence caused the injuries or damages. The parties may negotiate a settlement, or the case may go to trial if a resolution cannot be reached.
It is important to consult with an attorney who specializes in personal injury law and premises liability to understand your rights and the process of navigating a premises liability litigation. Navigating a premises liability litigation can be complex and time-consuming. Here are some key things to know if you are considering pursuing a claim for injuries or damages that occurred on someone else's property:
Time limits to file your claim
The law is different for every state, and thus, every state has a statute of limitations for filing a premises liability claim, the duration within which you must file your claim or else it will be barred. It is important to consult with an attorney as soon as possible after the incident to ensure that you file your claim within the appropriate time frame.
Duty of Care
It is the responsibility of the property owner to ensure the SOPs of safety and regulations are followed at the property. All the known hazards and possibly dangerous situations must be forecasted, and remedial action must be taken in advance.
This is the tricky part where you would need the help of an experienced lawyer. In order to win the claim, you and your attorney would have to prove that the property owner showed negligence which caused the accident.
Gathering evidence is the key, such as the statements of the people nearby who may act as witnesses, photos, positioning of CCTV cameras, if any, or any other things that can be helpful in the case.
Settlement or Litigation
Many premises liability cases are resolved through settlement negotiations outside the courts, but if, for any reason, you are unable to get the right settlement deal, there is always an option to stop the negotiation and refer the case to a court. Although this process is long, the settlement could be worth the wait.
It is important to consult with an attorney as soon as possible after the incident to understand your rights and the process of navigating a premises liability litigation. You should take your time in researching the right attorney, but at the same time, delays can weaken the case, so you should make be quick with the final decision of hiring your lawyer and pursuing the suit.