Understanding Premises Liability
Premises accidents are very painful for the people who suffer them. There is a lot of suffering to deal with.
These incidents occur in stores or other places. The causes can be various such as slips and falls, falling objects, electrical accidents, among others. Some of the injuries can be minor or severe, so they have to be treated quickly.
Usually these occur due to lack of maintenance, negligence or dangerous conditions within the premises that the owner or manager did not take into account.
According to the law, the person has to have their places in a safe condition or with the Reasonable Care Standard for example following the Building Codes Compliance. But it doesn’t happen in real life.
The victim can ask for financial compensation. He deserves it for the pain that it means. A Palm Beach Gardens Premises Liability Lawyer will be the person to go through this process with you.
Causes That Can Lead To Premises Accidents
Unfortunately, premises accidents happen often in Palm Beach Gardens. The inadequate conditions of these locations often lead to fatal consequences. When they do occur, quick action must be taken to prevent injuries from worsening.
Here are some of the most common causes:
- Slip And Fall Accidents: These usually occur because of slippery or poorly maintained floors that were not taken into account.
- Poor Maintenance: Occurs when conditions are inadequate on the floor, parking lots or anywhere on the premises.
- Security Negligence: Can happen due to poor signage or lack of protective barriers.
- Construction Accidents: Due to heavy machinery, falls from heights, dangerous ladders, improper storage of materials, among others.
- Road Safety Accidents: In parking lots or poor signage.
- Swimming Pool Accidents: Falls and slips in the pool area.
- Snow And Ice Accidents: Bad weather conditions can also generate severe falls.
- Dog Bites: A claim may be filed with the owner.
- Elevator Accidents: They occur due to poor maintenance.
- Parking Lot Accidents: They happen because of lack of attention, not seeing, driving fast.
In any of these situations, the best thing to do is to contact a Palm Beach Gardens Premises Liability Attorney to help you get out of this situation and be able to continue with your life.
Different Types Of Injuries In Premises Accidents
Premises accidents result in injuries that can change a person’s daily life. So when they occur, the best thing to do is to seek medical attention. Here are some of the most common injuries seen in these cases:
- Bone Injuries
- Muscle Or Joint Injuries
- Back And Neck Injuries
- Spinal Cord Injuries
- Head Injuries
- Bruises
- Dog Bites
- Drowning
- Fractures
- Burns
- Cuts
- Amputations
Who May Be Liable In Premises Accidents
A lawyer will determine who is responsible for what happened to you. He will do an investigation into the scenario and see who has to pay.
Usually in these cases the guilty party is the owner, manager or lessee of a premises. They can be of different types.
Differentiating Public vs. Private Property is important to determine who is responsible for maintaining proper security standards and how the laws should be implemented.
Starting with those who have commercial premises or stores, then those who have an apartment that they are renting. Also the property managers who are in charge of the rentals.
Contractors or those who provide services to a property and have left it underperforming can also be liable.
The government can sometimes be at fault for poor facilities, inadequate warnings or hazards in public places.
The Palm Beach Gardens Premises Liability Lawyer will have to show that the person was directly responsible for what happened and that he breached the duty of safety imposed by law. He should have been aware and was not.
The Economic and Non-Economic Damages caused by the incident will also be analyzed. If they are minor or severe. Depending on that, the situation will be analyzed to determine what is the best compensation that will go to you.
How Do I Know If I Have A Valid Claim?
You should be able to go anywhere without having to worry about anything happening to you. The Property Owner Duties are related to having the places in good condition.
Most often these things don’t happen and people get hurt in accidents. These are complex situations that are difficult to deal with.
For a valid case a Palm Beach Gardens Premises Liability Attorney must take into account:
- That you were on the property of the person being charged.
- That there was an imminent danger that he was unaware of or that he knew about but did not take care to fix.
- That you were injured in the accident and suffered physical, financial and economic problems.
A Palm Beach Gardens Premises Liability Lawyer Will File A Claim
A Palm Beach Gardens Premises Liability Lawyer will work hard to fight for your justice. He will file a claim on your behalf so that you will receive compensation for what has happened to you.
Here are the steps he will take:
- Investigation: First he will have a consultation with you so that he can tell you all the details of your situation. He wants to know who is responsible and will gather the necessary evidence to determine this. He will collect medical records, statements from witnesses such as co-workers or people who were on the premises at the time, photos and videos, and anything else related to the case.
- Look For Liability: In order to make the claim you must find the guilty party, for this you will analyze if you breached the duty of care, for example if he did not do what you had to do to keep the premises safe and did not do anything to avoid the incident.
- Calculate Damages: He will look at the damages you have suffered, this includes physical, psychological and financial damages.
- Negotiation: The lawyer will negotiate with the insurance company on your behalf. The insurance company will try to reduce what you deserve but the professional will fight for you to be fair. The important thing is that the best settlement is reached.
- Litigation: When unable to negotiate, in some cases the client will have to go to a trial stage. The professional will present the necessary legal arguments so that the resolution is positive for you.