January 17, 2025
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Law

How to Know You Have a Premises Liability Claim – A Brief Guide

If you are injured on someone’s property, how do you know that you have a case? These cases can happen anywhere. You might be going into a store, or you are moving on a sidewalk where there is ice, and you fall and suffer an injury. You might suffer an injury due to someone else’s negligence as they might not have taken care of the ice or snow; then obviously, you know that you can sue them in terms of premises liability as there is a duty to care as a commercial owner. 

Read on to learn more about what goes into premises liability claims. 

What is the Responsibility of Commercial Property Owners? 

Owners must check and make sure that the premises are safe for visitors and invitees. Also, commercial property owners are obliged to keep their premises clean and safe. Suppose someone is going into a store for shopping; the store owner must ensure that visitors and invitees have the opportunity to know that they can go to the store and be in a safe and reasonable condition so they don’t have to suffer an injury. 

What Exactly is Premises Liability?

Before we proceed, you should know what exactly premises liability is. Essentially, premises liability is the definition of the liability of the occupier or owner of the property where one might bear an injury. Essentially, they bear the injury because of the unsafe condition of the property. 

It is important to mention here that the law around premises liability is different for each state and comes with its unique features. So, if you sustain a premises liability injury, you should get an attorney from your respective state. For instance, if you live in Las Vegas and sustain a premises liability injury there, you might want to get in touch with the Las Vegas Premises Liability Lawyer to get help with the case and get compensation for your injuries. 

How Can Your Premises Liability Lawyer Help?

Now, if you have a premises liability injury case, you should know that a lawyer who exclusively deals with premises liability cases can help. Essentially, what the lawyer will do is investigate the circumstances around the accident. They will also collect evidence regarding how the accident occurred in your favor. They will also talk to potential witnesses and get their statements down. 

The goal of a premises liability lawyer is to help you prove that the respective property owner was negligent and that they failed to establish or maintain a safe environment for their visitors or invitees. Subsequently, the lawyer will help you build a strong case and ensure that you get the much-needed compensation and that you have a successful case. 

Injuries That You Can Sustain from Premises Liability Accidents

If you are going on someone’s property, you have to ensure that that property is reasonable and safe for visitors to come on and ensure that they are taken care of. 

When it comes to slip-and-fall accidents, most people think of the banana peel, where someone slips on the banana peel while walking. However, real-life accidents are not like those in cartoons, where one falls over a banana peel and is injured. Usually, such accidents include serious injuries, such as herniated discs and traumatic brain injuries.

There can be very serious claims as the affected person’s life can change within a few seconds. Before they got injured, they had a good life, a job, and recreational activities that they enjoyed doing. Unfortunately, after the injury, the herniated disc or even the brain injury can have a life-changing effect to the point of affecting the injured person’s ability to work.

Such injuries can be as traumatic as impacting the injured person’s family life, such as the relationship between a husband and wife. The point is that there can be serious cases that you should know about. 

When Exactly is a Business Liable?

Liability depends on circumstances, which means that a business might or might not be liable for one’s injury. Firstly, there is a need to identify whether or not there is a hazard. Has there been a hazard that caused the accident and the subsequent injury? For instance, there could have been water on the floor or even ice. 

Even a simple object, such as a spilled soda, can go all over the floor and cause slip-and-fall. For instance, if the incident happens at a grocery store, the owner can be held responsible because it is their obligation to ensure that the aisles are clean. Essentially, there is a safety protocol that includes ensuring that the floor is clean and that the mopping is done. 

There Needs to Be A Hazard

If you have sustained injury on someone’s property, you must ensure that there has been some sort of hazard that made you slip and get injured. For instance, if you have been in a grocery store and you fell or tripped and you don’t know what caused a fractured knee, then you might not have a case as you won’t have anything to hold the business owner liable. 

If the hazard isn’t evident, then this is the kind of case that can be incredibly hard to litigate. Such cases that are without evidence of the hazard can be subject to a summary dismissal application, which is where the court dismisses the case.

What To Do If You Are Injured On A Commercial Property?

Now, the question is, what should you do when you are injured on a commercial property? If you do fall, you don’t need to be embarrassed about it. If there is a substance and hazard that caused you to fall, make sure to report the injury right away to the store manager. You must ensure that an instant report is filled out. 

Also, keep your statement limited regarding what you tell the employees and the store manager. The reason is that whatever you say can be used against you in a court of law if you say the wrong thing. If you are seriously injured to the point that you cannot move, make sure to call an ambulance and get treated for your injuries. 

Keep all your documents and bills because the paper trail is the most important part of any kind of litigation case. The reason is that you have to prove your case as a plaintiff in a court of law.