Property owners have a legal obligation to ensure that their property is safe for guests and visitors. When owners fail to meet this obligation, they may be held liable for any foreseeable injuries that occur. However, these cases can be extremely complex, requiring careful analysis of the facts and knowledge of the law. If you have suffered an injury on someone else’s property due to a slip and fall or some other accident, you should speak with a Durham premises liability lawyer as soon as possible.
What is a Premises Liability Case?
Premises liability cases include any accident that resulted in an injury and occurred on someone else’s property due to the property owner’s negligence. The following are some common examples of premises liability cases:
- Slip, trip, and fall accidents caused by broken flooring, loose handrails, slippery floors, or inadequate lighting
- Injuries resulting from fires or explosions due to failure to comply with building or fire codes
- Assaults due to negligent security
- Dog bites and other animal attacks
- Elevator and escalator injuries due to poor maintenance
- Electrocutions due to exposed wiring
Slip and fall cases are probably the most common type of premises liability case, but any injury you suffer due to a property owner’s negligence may entitle you to compensation. A Durham premises liability lawyer can evaluate your case and determine whether you have a claim.
A Durham Premises Liability Lawyer Can Help You Get Fair Compensation
In order to pursue a claim for compensation, you must be able to prove that the property owner was negligent in some way. Here are common examples of where a property owner may be deemed to be negligent:
- The property owner was aware of the hazard and failed to make a reasonable effort to address it;
- The property owner was not aware of the hazard but should have known – the hazard was easily discoverable had the property owner routinely inspected the property or performed routine maintenance; or
- The property owner failed to warn guests and visitors of the hazard when they were unable to address it.
The facts are critical in any premises liability case but can be difficult to ascertain. A Durham premises liability lawyer can help you gather the evidence you need to support your case.
A Durham Slip and Fall Attorney Can Establish Causation
The accident must be reasonably foreseeable and the direct result of the property owner’s negligence. Property owners may not be liable for every accident that occurs on the property. A Durham slip and fall attorney can investigate your accident, review the facts, and determine whether you may be entitled to compensation.
One of the most common scenarios involving premises liability is when a tenant is injured in the property they are leasing. Landlords are not liable for every accident that occurs at their rental property. You need to prove that the landlord was negligent in some way and that the accident was a direct and foreseeable result of their negligence. Common examples where the landlord may be held liable include the following:
- The tenant complains to the landlord that the deck is unstable. The landlord fails to make repairs. The tenant is later injured when the deck collapses.
- The landlord replaces the windows on the property but neglects to install locks. As a result, someone later breaks into the property and assaults the tenant.
- The landlord fails to disclose the presence of lead paint in the property, and the tenant later becomes ill.
- The landlord does not install sufficient lighting in the parking lot. The tenant falls and is injured.
If you have been injured on your landlord’s property, a Durham premises liability lawyer can help you pursue a claim for fair compensation for your injuries and other losses.
What You Should Do If You Are Injured on Someone Else’s Property
The property owner likely has insurance that provides coverage if a guest or visitor is injured while on their property. While this can ensure that there are funds available to cover your claim, it doesn’t mean that they will simply pay your claim. You will need to prove in your case that the property owner was negligent and that your injuries were a direct and foreseeable result of their negligence. Here are some steps you can take if you were injured on someone else’s property:
- Report your accident to the property owner, including the date, time, and location where it happened.
- Get a copy of any incident report that the property owner may have prepared.
- Make a note of the location of any video cameras that may have captured the incident.
- Document your claim – for your own recollection, jot down what happened and the extent of your injuries.
- Take pictures of the scene of the accident.
- Get a thorough medical examination.
- Keep copies of all medical bills and related correspondence.
- Follow your prescribed treatment plan.
- If you have to miss work due to your accident, keep copies of your pay stubs and other documentation that demonstrates your lost income.
You should consider speaking with a Durham slip and fall attorney as soon as possible, even if you don’t want to go to court. An attorney can help you navigate the insurance claim process, gather the evidence you need, and avoid the pitfalls that can jeopardize your claim.
Talk to a Durham Premises Liability Lawyer at Martin & Jones Today
Slip and fall accidents can result in serious injuries that require extensive medical treatment. In addition to your medical bills, you could be unable to work or take care of your family. Under the law, you are entitled to be made whole. At Martin & Jones, we have decades of experience helping people who have been injured as a result of property owners’ negligence get the compensation they deserve. To discuss your case and learn more about how we can help, call us at 800-662-1234 or contact us online to schedule a free consultation.