Home / What Is a Premises Liability Lawyer's Role?
Premises liability lawyers play a critical role in helping victims of accidents on someone else's property. They focus on ensuring property owners are liable if their oversight leads to injuries. These lawyers are skilled in navigating complex premises liability law, which governs the responsibilities of property owners.
At Zaveri Law Firm Injury & Accident Lawyers, our premises liability attorney is here to defend your rights. Learn more about premises liability lawsuits below. Then, contact us for a free consultation to discuss your premises liability accident.
Premises liability covers the legal responsibility of property owners to ensure their property is safe for visitors. If someone is injured due to unsafe conditions on another person’s property, they may be entitled to file a premises liability claim. This area of law holds property owners accountable for maintaining their property and addressing hazards that could harm others.
Property owners must regularly inspect their premises and take necessary precautions to prevent accidents. This includes fixing broken steps, cleaning up spills, or warning visitors of potential dangers. If a property owner fails to do this and someone gets hurt, they could be held liable under premises liability law.
Common Types of Premises Liability Cases
Slip and fall accidents:Slip and fall incidents occur when someone slips, trips, or falls due to a hazardous condition on someone else's property. Common causes include wet floors, uneven surfaces, or poor lighting. These cases require proving that the property owner neglected to fix or warn visitors about the hazard.
Inadequate security: Property owners must implement strong security measures to protect visitors. Inadequate security can lead to assaults, robberies, or other crimes. If a property owner does not have proper security and a crime occurs, they may be liable for any resulting injuries.
Dog bites and animal attacks: If someone is bitten or attacked by a dog or another animal on someone else's property, the property owner may be held liable. This is especially true if the owner knew the animal was dangerous and failed to take precautions. Premises liability claims involving dog bites require proving the owner's negligence in controlling their animal.
Fires and explosions: Fires and explosions can occur due to faulty wiring, gas leaks, or other hazardous conditions. Property owners must ensure their property meets safety standards to prevent such disasters. If they fail, they may be liable for injuries or damages caused by the fire or explosion.
Toxic exposure: Harmful chemicals or substances like mold, asbestos, or chemicals can lead to critical health problems. Property owners must ensure their property is free of these dangers and warn visitors if there is a risk. If someone is exposed to toxins on someone else's property, they could have a premises liability case.
Falling objects: Falling objects can lead to major injuries, particularly in construction sites or retail stores. Property owners must secure items that could fall and injure someone. If they fail to do so and an object falls, causing injury, the owner could be liable under premises liability law.
Legal Duty of Property Owners
Property owners have a legal duty to maintain their property safely to avoid serious injuries. This duty includes regularly inspecting the property, repairing hazards, and warning about potential dangers. If a property owner neglects these responsibilities and someone is injured, they may be liable under premises liability law.
This legal duty varies depending on the visitor's status—an invitee, licensee, or trespasser.
Invitees, including clients or customers in a store, are owed the highest level of care. Licensees, like social guests, are also protected, but to a lesser degree. Trespassers are generally owed no duty of care except in certain circumstances.
The Role of a Premises Liability Lawyer
A premises liability lawyer provides legal guidance to victims of accidents on someone else's property. They investigate the incident to determine who is at fault and whether the property owner was negligent. The lawyer also gathers evidence to support the claim and negotiates with insurance companies.
Investigating the Incident
Investigating the incident is a crucial part of building a premises liability case. A premises liability lawyer will visit the accident scene, take photographs, and gather any physical evidence. They may also interview witnesses and review security footage if available. This thorough investigation helps establish the facts and determine whether the property owner was negligent.
Determining Liability and Negligence
Determining liability and negligence is central to any premises liability claim. The lawyer will assess whether the property owner breached their legal duty to provide a safe environment. They will examine if the hazard was foreseeable and whether the owner took the required measures to prevent the accident. Establishing these elements is essential for proving the owner's negligence.
Gathering Evidence and Witness Testimonies
Gathering evidence and witness testimonies strengthens the premises liability case. The lawyer will collect medical records, accident reports, and other relevant documents. Witnesses who saw the incident can provide valuable testimonies to support the claim. This evidence demonstrates how the property owner's negligence led to the injury.
Negotiating with Insurance Companies
Negotiating with insurers is often required in premises liability cases. The lawyer presents the evidence to the insurance company and demands a fair settlement. They negotiate on behalf of the plaintiff to ensure they receive adequate compensation. If the insurance company does not offer a reasonable settlement, the lawyer may recommend filing a lawsuit.
Exploring the Merits of a Premises Liability Lawsuit
If negotiations fail, a lawyer will explore the merits of a premises liability lawsuit. They will evaluate whether filing a lawsuit is the best action based on the evidence and potential compensation. The lawyer will also consider the time and cost of taking the case to court. If a lawsuit is pursued, the lawyer will guide the victim through the legal process.
Legal Process in Premises Liability Cases
Initial consultation: The victim meets with a premises liability lawyer to discuss the case. The lawyer evaluates the facts and advises on the next steps.
Investigation: The lawyer investigates the accident, gathers evidence, and interviews witnesses. This helps build a strong case against the property owner.
Filing a claim: The lawyer files a premises liability claim with the property owner's insurance company. They demand compensation for the victim's injuries and losses.
Negotiation: The lawyer negotiates with the insurer to reach a fair settlement. If a settlement is reached, the case may end here.
Filing a lawsuit: If negotiations fail, the lawyer files a premises liability lawsuit. This begins the formal legal process.
Discovery: During the discovery phase, both sides exchange evidence and information. This includes depositions, document requests, and interrogatories.
Trial or settlement: If a settlement isn't reached, the case may go to trial. The lawyer represents the victim in court, presenting evidence and arguing for compensation.
Factors Determining the Size of Your Premises Liability Settlement
Severity of injuries: The severity of the injuries will affect the size of your final settlement. More severe injuries usually result in higher compensation due to the challenges on the victim's life. Medical bills, lost wages, and pain and suffering are considered in the calculation.
Degree of negligence: The property owner's degree of negligence also affects the settlement size. If the owner blatantly disregarded safety standards, the settlement might be higher. On the other hand, if negligence was minimal, compensation could be reduced.
Impact on daily life: Another needed factor is the consequences of the injuries on the victim's daily life. The settlement may be larger if the injuries stop the individual from working or performing everyday tasks. Long-term or permanent disabilities usually lead to higher compensation.
Evidence strength: The strength of the evidence gathered by the lawyer can significantly influence the settlement. Clear and compelling evidence of the property owner's negligence can lead to a higher payout. Conversely, weak evidence may result in a lower settlement offer.
Insurance policy limits: The property owner's insurance policy limits can also determine the settlement size. If the policy has a low limit, the victim may receive less compensation. However, in some cases, the lawyer might pursue additional compensation from the property owner directly.
How Zaveri Law Firm Can Help with Premises Liability Cases
Expert legal advice: Zaveri Law Firm provides expert legal advice to help victims understand their rights under premises liability law. Our experienced premises liability lawyers guide clients through the complexities of liability cases, ensuring that victims make informed decisions at every step of their case.
Thorough investigation: We conduct thorough investigations to gather evidence and build a strong case. Our lawyers visit the accident scene, interview witnesses, and consult with experts. This comprehensive approach helps prove the property owner's negligence.
Aggressive negotiation: Zaveri Law Firm aggressively negotiates with insurance companies to secure fair settlements for our clients. Our lawyers are skilled in negotiating with insurers who often try to minimize payouts. By leveraging strong evidence and legal expertise, we ensure that victims receive the compensation they deserve.
Personalized legal strategy: Every premises liability case is unique, and Zaveri Law Firm develops personalized legal strategies tailored to each client's situation. We consider the case's specific circumstances, including the nature of the catastrophic injuries and the degree of the property owner’s negligence.
Courtroom representation: Zaveri Law Firm is prepared to take the case to court if a fair settlement cannot be reached. Our experienced premises liability attorneys have a proven track record of success in litigation. We vigorously represent their clients' interests in court, fighting for maximum compensation. Let our experienced premises liability lawyer fight for you.
Connect With Our Baltimore Premises Liability Lawyer for a Free Case Consultation
If you have been hurt on someone else's property, you need to seek help now. Zaveri Law Firm Injury & Accident Lawyers can help you navigate the complex legal process. We will assess your case, gather evidence, and build a strong claim to hold the property owner accountable. Don’t wait—contact us today to schedule a free consultation.
