Premise liability laws are to safeguard the private and public properties and also to ensure that the government entities, businesses, property managers and the homeowners make sure that the safety of the visitors is ensured and all the issues related to maintenance and safety are addressed. They are bounded legally to address any potential hazards or block any unauthorized entry to their property.
If you got injured on someone else’s property due to some unsafe conditions without any warning signs, you may be entitled to get compensation for your loss. You can claim for the losses that include medical expenses due to injury, lost earning, and your suffering and to pay for future medical treatment.
In case you incurred a premises liability injury, you might be looking for answers to some questions:
Are you eligible for claiming the compensation?
In order to check your eligibility and to determine if you can file a claim for compensation, you must be able to prove some elements required for the premises liability cases.
- Duty: It must be proved that the defendant occupied, owned or leased the property on which you got injured. This is required to make sure that the person is responsible for the maintenance and safety of the visitors on the premises.
- Breach: After proving the duty of care by the defendant, you need to prove that the person failed in his duty to provide a safe environment to the visitors. The breach of duty occurs when the defendant had an opportunity to discover and address the issue but ignored.
- Cause of injury: You must be able to prove that the main cause of injury to be the breach of duty. This can be done by collecting witnesses, photographs for evidence, and medical record to prove that the injury was not incurred before the accident.
- Damage: To be eligible for the claim, you need to prove the damage you incurred due to the injury. The damage includes your medical expense bills, loss of earnings, physical and mental suffering due to injury.
An experienced premises liability lawyer in Miami, FL can help you navigate the complex legal system and aid you in building a case for your injury claim.
How much can you claim?
The amount of compensation depends totally on the circumstances. A professional and experienced attorney can help you in determining the worth of your claim. Some common compensation in such types of cases include medical expense, lost earning, damage to property, physical pain and sufferings, mental distress, and loss of earning capacity. To get the full compensation for the claim, it needs to be proved that you were not guilty of any type of negligence that caused the accident.
Some common type of premises liability injury cases includes accidents in construction sites, slip and fall, negligent security, swimming pool or amusement park accidents, dog bite, fire, toxic chemical, and escalator accidents. In case you are injured or have lost your family member in any of such accident, you need to get the help of an experienced personal injury lawyer.