Are You Wondering if You Have a Valid Premises Liability Case?
A property owner has a duty to maintain reasonably hazard-free premises. If someone is legally visiting a store, shopping mall, or even a private residence, they should not have to worry they will be injured in an accident that could have been avoided had those responsible for addressing hazards (or at least properly warning guests of their existence) failed to do so.
This is why we have premises liability laws. Such laws ensure that when a person is harmed as a result of a property owner’s or manager’s negligence, they can seek compensation for such losses as their medical bills by filing an insurance claim or lawsuit.
That does not mean you are automatically eligible to recover compensation after being injured on someone else’s property. These cases are often more complex than you might assume. It’s best to review your case with a premises liability attorney to determine if you have reason to take legal action.
To better understand why it might not be clear if you are eligible to recover compensation after this type of accident, consider the following example.
You Were Injured at the Supermarket: Do You Have Grounds to File an Insurance Claim?
Property owners and managers cannot be superhuman. Premises liability laws generally don’t ask that they prevent any and all accidents from possibly occurring on their properties. An accident victim only has a valid premises liability case if they can show that their accident resulted from unreasonable carelessness.
For example, perhaps you’re at the supermarket and sustain injuries in a slip and fall accident after slipping over a spill that had not been cleaned up yet. Several factors will influence whether you are likely to receive compensation if you file a claim to collect from the insurance of the store’s owners.
The length of time between when the spill occurred and when you were injured is one such factor. You need to show that properly trained employees would have noticed the spill and cleaned it up by the time your accident happened. You might also need to prove that the spill wasn’t so obvious and avoidable that you would not have slipped on it if you were paying attention to your surroundings.
None of this is meant to discourage you from pursuing compensation if you at all suspect you may have a valid premises liability case. On the contrary, it’s meant to encourage you to seek the assistance of a personal injury lawyer quickly after being injured.
There’s no risk in doing so. The vast majority of premises liability lawyers will evaluate your case for free. They also won’t charge you any legal fees until recovering compensation for you first if they do decide to take on your case.
There’s no reason not to at least discuss your accident with an experienced professional who can explain whether you should file a claim or whether doing so might not be worth your time. At Brown Moore & Associates, PLLC, our team of Charlotte premises liability attorneys will offer an honest assessment of your case’s merits. If your case is strong, we will also offer the aggressive representation you deserve. Call us at 704-335-1500 (Local) or 800-948-0577 (Toll Free) or contact us online to learn more.