If you or a loved one has been injured due to hazardous conditions on someone else’s property, consulting a premises liability attorney is essential as you may be entitled to compensation. Our team at TorkLaw is highly experienced in handling premises liability cases, ensuring that you receive the justice and reparation you deserve.
What is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible for injuries sustained on their property due to unsafe or defective conditions. Central to this concept are the ideas of duty of care, its breach, and proof of notice.
- Duty of Care: Property owners have a responsibility or ‘duty of care’ to ensure their premises are safe for visitors. This duty varies based on the relationship with the visitor, such as invitee, licensee, or trespasser.
- Breach of Duty: When a property owner fails to uphold their duty of care, it’s considered a breach. This breach can be through neglect, inadequate maintenance, or even willful ignorance of potential dangers.
- Proof of Notice: To win a premises liability claim, victims often need to prove that the property owner was aware or should have been aware of the hazardous condition but failed to address it. This is called proof of notice.
Why Choose TorkLaw as Your Premises Liability Attorney?
- Experience: Our skilled attorneys have represented countless clients in premises liability cases, securing significant compensation on their behalf.
- No Win, No Fee: We operate on a contingency fee basis. If we don’t win your case, you pay us nothing.
- Personalized Approach: Every client is unique. We dedicate our time and resources to understand your specific situation and design a strategy tailored to your needs.
Types of Premises Liability Cases
- Slip and Fall Accidents: These are the most common. They occur when someone slips, trips, or falls because of a dangerous condition on the property. Common causes include wet floors, uneven pavements, and poorly lit areas.
- Negligent Security: Property owners may be liable if they fail to provide adequate security, leading to assaults or injuries.
- Swimming Pool Accidents: Lack of barriers, poor maintenance, or absence of warning signs can lead to tragic accidents.
- Dog Bites: Owners can be held liable if their pet harms someone on their property.
- Elevator and Escalator Accidents: Mechanical failures or lack of proper maintenance can lead to injuries.
What to Do If You Are Injured on Someone Else’s Property?
- Seek Medical Attention: Always prioritize your health. Document any injuries, and seek immediate medical attention.
- Document Everything: Take photos of the scene and any hazards. Gather witnesses and their contact information.
- Report the Incident: Notify the property owner or manager about what happened.
- Avoid Giving Detailed Statements: Before speaking to an attorney, refrain from providing detailed statements or accepting any offers.
- Contact TorkLaw: Engage our premises liability attorney team to guide you through the legal process.
FAQs About Premises Liability
Q: What do I need to prove in a premises liability case?
A: Typically, you must prove that the property owner knew or should have known about the hazardous condition and failed to address it.
Q: How can I prove a property owner’s breach of duty?
A: Establishing a breach often involves showing that a reasonable person would have identified and addressed the hazard, but the property owner failed to do so. Pictures, maintenance records, and witness testimonies can be invaluable.
Q: What constitutes proof of notice?
A: Proof of notice can be actual, where there’s evidence that the owner knew about the hazard, or constructive, where it can be shown that the owner should have known about it given the circumstances.
Q: How much time do I have to file a claim?
A: The statute of limitations varies by state. Check out our guide on the statute of limitations for each state.
Q: Can I still claim if I was partially at fault?
A: Depending on your state’s negligence laws, you may still be eligible for compensation even if you were partly at fault.
Contact TorkLaw’s Expert Premises Liability Attorney Team Today
The aftermath of an accident can be overwhelming. Let TorkLaw take the burden off your shoulders. Our dedicated premises liability attorney team is here to help you navigate the complexities of the legal system and ensure you get the compensation you deserve.