Do You Have a Premises Liability Claim?
The validity of premises liability claims is rooted in the property owner’s or property manager’s negligence. After sustaining an injury on someone else’s property, the onus is on the victim to show that the owner/manager was negligent, that the owner’s/manager’s negligence resulted in an accident, and that the accident caused the claimant’s injuries. Establishing negligence requires showing that:
- A duty of care was owed to you by the property owner. This is generally the case in all claims of this type unless you were on the premises unlawfully or you were on a part of the property that was closed or off-limits.
- The property owner was in breach of the duty of care owed to you. This is the most vital element to prove in a premises liability claim. Typically, the breach of duty occurs when the property owner knows about and allows a dangerous condition to exist, such as spilled liquids on the floor, a missing handrail on a staircase, or a malfunctioning elevator.
- The breach of duty resulted in your injuries, and your injuries must be significant to warrant a claim.
A premises liability claim might occur when:
- Someone is bitten by a dangerous dog on the property.
- A tenant is burned or suffers from smoke inhalation in a preventable fire.
- A guest drowns in a swimming pool on the property.
- A shopper is exposed to chemicals or toxins while shopping.
Damages in Premises Liability Cases
Although every premises liability case is different, there are some common expenses and damages that claimants may recover in a successful claim. Some of these include:
- Medical costs for treatment of the injuries sustained. This may include hospital stays, ER visits, prescription medication, physical therapy, and other medical expenses incurred.
- Lost income during the recuperative period. This includes money lost from working a traditional job or earned for self-employment or gig work.
- Diminished capacity to earn a living. If the premises liability accident reduces your ability to make money for yourself and your family, you may be entitled to an enhanced award that reflects that.
- Long-term care costs. For lifetime deficits and impairments, any settlement or verdict may include payment provisions for long-term or in-home care or care in a rehab facility.
Let our Kannapolis, NC Premises Liability Attorney Help
Premises liability claims are complex and complicated, necessitating the assistance of a seasoned attorney from start to finish. Reach out for a free consultation by clicking here or calling us at 800-948-0577. Our Kannapolis, NC premises liability attorney wants to help you with the maximum recovery of compensation for your injuries.