Accidents happen, but when injuries occur on someone else’s Property, you might have grounds for a premises liability claim. Comprehending whether you have a reasonable claim is crucial before pursuing legal action.
Jumping into a case without proper assessment could backfire, leaving you with additional expenses or an unfavorable outcome. Dolan Dobrinsky Rosenblum Bluestein’s attorneys help in getting claims faster. Let’s walk through five important questions you should ask yourself before deciding to pursue a premises liability claim.
What is Premises Liability
Premises liability refers to the lawful responsibility of property landlords to keep an environment safe for visitors. You may have grounds for a claim if you’re injured due to unsafe conditions, such as a slip and fall, structural hazards, or negligent security.
Property landlords must take appropriate precautions to safeguard visitors, but their duty period varies based on whether you are an invitee, licensee, or trespasser.
5 Questions to Ask Yourself for a Premises Liability Claim
1) Was the Property landlord Aware of the Incident?
You must prove that the property landlord knew about the Hazard that caused your injury to get a successful claim. This can be tricky, but there are ways to establish awareness:
● Interviewing staff or maintenance workers to uncover past complaints.
● Reviewing property records for evidence of prior incidents.
● The Hazard was obvious, meaning the owner should have reasonably known about it.
If you can show the owner was aware—or should have been—you’ve cleared a significant hurdle in your claim.
2) Were You Warned About the Hazard?
Property landlords are expected to alert visitors of known dangers. If no warning signs or verbal alerts were given, it strengthens your negligence case. For instance:
● Photos of the situation can display a lack of signage.
● Witness testimonies from others on the Property can back up your account.
This question is vital in establishing that the injury could have been avoided if the owner had fulfilled their duty to warn visitors.
3) Were You Invited to the Property?
Your status on the Property plays a crucial role in premises liability cases. Were you invited as a guest, customer, or worker? Invitations can be explicit (e.g., emails or formal invites) or implied (e.g., entering a store as a customer).
It strengthens your case if you were on the Property legally and expected by the owner. Conversely, if you were trespassing, the property owner’s responsibilities toward you are much less stringent, and your claim may not hold up.
4) Did the Property Owner Fail to Address the Hazard?
Consider whether the property landlord was aware of the Hazard and took steps to fix it. A lawyer might:
● Build a timeline indicating how long the threat existed before your injury.
● Investigate whether repairs were attempted but failed.
● Provide evidence that the Hazard was entirely neglected.
● The presence of the Hazard itself often indicates negligence, but connecting the dots to the owner’s lack of action can solidify your case.
5) Does Negligent Security Play a Role in Your Case?
If your injury resulted from poor security measures—such as an assault in a poorly lit parking lot—the property owner might be liable. For example:
● Were there previous incidents of violence on the Property?
● Did the owner ignore known safety concerns like broken lights or faulty locks?
However, knowingly entering an unsafe area without knowing the risks could weaken your claim.
Conclusion
Premises liability compensation relies on proving the property landlord’s negligence. Questioning yourself these five questions can aid in determining whether your case has value. Contact a skilled personal injury lawyer if you are unsure about your claim’s potential or need help.
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