The Centers for Disease Control and Prevention (CDC) states that every 20 minutes an elderly person loses their life from a fall in the United States. The number of people who sustain non-fatal injuries is even greater. If you or your loved one has become a victim of a slip and fall due to an uneven surface or hazardous conditions, you can sue the responsible party under premises liability by hiring an experienced slip and fall lawyer to obtain compensation for your pain and suffering.
What is premises liability?
Premises liability refers to a legal concept pertaining to personal injury cases where an injury was sustained due to unsafe conditions on someone’s property. A claim can be made in various circumstances, which include accidents involving slip and falls, construction sites, swimming pools, animal attacks, inadequate security, to name a few.
How to establish premises liability?
It is important to understand that just because someone gets injured on someone’s property does not mean that the owner of the property was negligent. Moreover, unsafe conditions around premises do not constitute negligence of the property owner. There are certain aspects that must be present to establish premises liability. A plaintiff will have to prove that:
- Defendant leased, owned, or occupied the property.
- Defendant was negligent.
- Plaintiff was harmed.
- Negligence of the defendant was a significant factor which caused harm to plaintiff.
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Moreover, a defendant must owe a duty of care to plaintiff. For instance, an owner will owe no duty of care and, therefore, will not be held responsible for an accident when a trespasser unlawfully enters their property and becomes injured.
How can a slip and fall lawyer help?
Establishing premises liability can be extremely difficult to prove as a court must reasonably conclude that the reason for your suffering was foreseeable by the defendant and their negligence was a primary factor which resulted in your injury. Therefore, it can be highly beneficial for your case to retain the assistance of an experienced slip and fall lawyer. Your attorney will have dealt with many cases pertaining to premises liability and, therefore, will be able to collect relevant evidence to prove all significant factors that are necessary to establish a liability. This will allow you to obtain maximum compensation for your pain and suffering.
If you have been injured due to the negligence of another individual and you wish to file a claim, contact the offices of Mary Ann Covone at (708) 246-4911 to schedule a free consultation.