Premise liability comes into play when an injury has been caused by unsafe or defective conditions on personal property. It refers to the legal responsibility of the property owner and can occur in a wide range of indoor and outdoor spaces. Common situations that usually fall under this category are slip and fall cases that take place on someone else’s property and result in bodily injury. If this is something that has happened to you, there are steps that you can take to file and settle a slip and fall claim.
Proving Your Claim
The first step to proving your claim is to determine liability. If for some reason the property owner of the space where you slipped or fell cannot be held liable, then you don’t have a case. One of the three things listed below must be true in order for the owner to be legally responsible:
- The owner or an employee must have been aware of the danger but did nothing about it
- The owner or an employee must have caused the alteration to the surface that made it dangerous
- The owner or an employee should have been aware of the danger because a “reasonable” person in charge of caring for the property would have seen it and fixed it
If one of these situations is true then it is likely that you have a premise liability case on your hands and a judge will be responsible for determining if the right steps were taken by the property owner to keep their property reasonably safe.
Documenting Your Claim
Proof is everything, especially when it comes to a personal injury claim and premise liability. The ability to show not only the damage done, but what caused the damage will make a difference in your case.
You will want to hold onto any medical records from your slip and fall injury as well as any photos that you or someone with you was able to get of the obstruction that caused the injury. It can be beneficial to look into security footage as well just in case your accident was captured on film.
Personal Injury Attorneys
You will also want to enlist the help of a personal injury attorney. It can be wise to do this first, even if it is just for a consultation. They will be able to help you decide whether or not you have a case and assist you with the next steps in the process. If you have experienced bodily injury due to a slip and fall on someone else’s property, reach out to one of these attorneys as soon as possible.