When you suffer an injury, it’s a devastating time and your whole
life turns upside down. A serious injury can take weeks or months to heal,
and sometimes can cause permanent disability. You know that you deserve
compensation, that the responsible party should pay for your accident
so you can get back on your feet, but how do you go about getting damages?
Learn about what it means to get injured on someone else’s property,
how to collect damages, and how a premises liability lawyer can help.
Personal Injury and Negligence
Just about every aspect of personal injury law, from car accidents to tripping
and falling off a ladder on the job, comes down to negligence on someone’s
part. Negligence basically means gross irresponsibility on someone’s
part. It means that someone hasn’t taken reasonable actions to preserve
the basic duty of care we all have towards each other, and that failure
resulted in injury.
In terms of getting hurt on someone else’s property, this comes down
to statutes known as premises liability. Whenever you’re legally
allowed to be on someone’s property—be it a friend’s
apartment or a big business—the property owner, manager or legal
resident is responsible for providing a reasonably safe environment for you.
Proving negligence is the key aspect in getting compensated for your accident.
Many times, insurance companies will try to argue that the property owner
or resident was not responsible, that it was your own irresponsibility
that caused the accident. This comes down to demonstrating that there
was a circumstance in play that the resident knew was present, had the
opportunity to address, and did not address.
Consider a scenario where there’s a nail sticking up from a wooden
staircase. That nail has been there for weeks, and yet the property owner
did nothing to fix the problem, nor to warn guests of its presence so
they could avoid stepping on it. If you step on it and seriously injured
your foot, they can be held responsible.
When the Owner Isn’t Liable
If, on the other hand, you walk into the kitchen just as someone else accidentally
splashes some oil on the floor, and you fall at the same moment, it may
be tricky to prove negligence, since there was no opportunity to warn
you or clean up the mess. In addition, if you are illegally on the property—a
trespasser or someone who has been asked to leave, the owner or occupant
may not be liable, but it all depends on the individual situation.
Premises Liability Lawyer
There are, as you can see, almost always gray areas, and insurance companies
will take every opportunity to exploit these gray areas to your detriment.
They don’t make money by paying out large settlements so they’ll
try to minimize your injury, minimize their client’s responsibility
or even trick you into settling for low-ball offers.
The only way for you to get the full compensation you deserve is to secure
the services, advice and help of an
experienced Premises liability lawyer. A lawyer knows exactly how to fight insurance company avoidance tactics,
defend your rights, and get you, the victim, the compensation you need
and deserve to get control of your life back once more.
If you live in the Central California area and have suffered an accident
on someone else’s property, we can help.Give us a call at Dunnion Law for more information and a case evaluation today.