Do I Need An Attorney To Bring A Lawsuit For Premise Liability?

We live in a very litigious world today, and few instances of simple mistakes or injury can be handled by the shake of a hand or an apology.  As a result, even in the case of a straightforward slip and fall injury that was due to damages or dangerous conditions on someone else’s property, an individual must hire a premise liability attorney to win compensation for medical bills and other losses.  In essence, premise liability is the law that holds property owners and managers liable for damages from a slip and fall injury that occurs on their property.  In some cases, even the government can be charged with premise liability if a slip and fall injury occurs on public land.

A slip and fall injury can take place indoors or outdoors, and it may be the result of simple carelessness on the part of the individual.  In other cases, a slip and fall injury may be caused by negligence on the part of the property owner or manager.  In that instance, there may be good reason to file a premise liability suit with the help of a premise liability attorney.  While a premise liability attorney is not required in a premise liability case, they can make a tremendous difference.  Not only are there elements of filing the appropriate legal papers that a premise liability attorney can facilitate, there are strategies, negotiations, and the presentation of evidence that must be quite detailed and clear in order to win a premise liability case. 

Proving a Premise Liability Claim
The law states that any property owner, manager, or tenant who has responsibility for the condition and maintenance of property is liable to take such reasonable actions as are required to protect a visitor from a slip and fall injury.  A slip and fall injury can include tripping over a loose carpet, uneven flooring, narrow or broken stairs, wet floors, icy or wet walkways, broken or cracked sidewalks, hidden hazards, or even potholes.  Anyone who is involved in a slip and fall injury must do all they can as quickly as they can to collect evidence about what really happened.  A premise liability attorney cannot prove that the owner of the property was at fault for a slip and fall injury without such evidence.  Written notes, pictures, witnesses, and even expert witnesses hired by your premise liability attorney can all expedite your negotiations or your premise liability lawsuit. 

There are three conditions that must exist before you can prove premise liability against the owner of the property where your slip and fall injury occurred.  The owner, possessor, or manager must have:

• Caused the damage or dangerous condition that resulted in a slip and fall injury
• Known about the damage or dangerous condition and done nothing to repair it
• And, under “reasonable conditions” in his due diligence to maintain the property, should have known there was damage or a dangerous condition that could be expected to cause injury.

Don’t ignore the possibility that an employee or other visitor to the property reported damage or a dangerous condition that may have caused your slip and fall injury.  If they did so enough in advance of your accident, which may be the evidence your premise liability attorney needs to complete your premise liability case.  There are many elements that influence how much an owner or manager knew and how long before your slip and fall injury they knew it.  These will influence the ability of your premise liability attorney to win a settlement or premise liability court case.  However, you should leave no evidence surrounding your premise liability case unreported so your premise liability attorney has every tool with which to argue your premise liability case effectively.

Some of these elements are difficult to prove, which means a premise liability attorney can be invaluable in deciphering the existing conditions around your slip and fall injury and determining if they are reasonable cause for a premise liability lawsuit.  In most situations, an experienced premise liability attorney can negotiate a settlement with the owner or manager, both insurance companies, and the victim.  This is usually far preferable to incurring the court costs and whims of a judge and jury to determine the outcome of a premise liability lawsuit. 

There are additional details that a premise liability attorney can address.  Each state has different laws establishing a statute of limitations on premise liability lawsuits.  Your premise liability attorney can learn those limitations and ensure that you do not miss them and lose all chance of winning your premise liability claim.  The government also has specific guidelines for filing premise liability lawsuits for a slip and fall injury on public or government property.

Premise Liability Claims
Before anyone can file a premise liability claim, they must determine whether the slip and fall injury was simply a misstep and no one’s fault, or if it is a case of premise liability on the part of the owner.  Often a premise liability attorney will consult with a potential client at no charge to determine if a slip and fall injury is due to premise liability.  In some cases, a premise liability attorney will determine that there is joint or comparative negligence in the case of a slip and fall injury.  That means that both the owner or manager and the victim of the slip and fall injury had some responsibility for the accident.  A good premise liability attorney can often negotiate a settlement in this kind of slip and fall injury. 

An accident attorneywill want to understand all of the expenses and consequences that resulted from your slip and fall injury.  All of those elements must influence the kind of premise liability lawsuit a premise liability attorney can file and the level of damages to request.  The results of a slip and fall injury can include medical bills, rehabilitation expenses, additional home care, damages for pain and suffering, lost wages, and more, depending on the level of your slip and fall injury.  It is all too easy for a slip and fall injury victim to either exaggerate or underestimate the consequences of the injury and an experienced premise liability attorney can help explore the costs that the victim may not have calculated.