5 Essential Actions To Take After Suffering an Injury on Someone Else’s Property
Generally, property owners are responsible for maintaining their property in a safe condition for invitees and guests. The duty may extend to parties controlling the property, such as landlords, tenants, business owners, and management companies. If the responsible party fails to maintain safe premises, they could be liable for damages if someone is injured on the property.
We refer to this area of personal injury law as premises liability. A common type of premises liability claim is a slip and fall accident. Other premises liability claims may involve fires, bed bugs, explosions, poison, toxic substances, and electrical accidents.
What Do I Need To Prove To Receive Compensation if I’m Injured on Someone’s Property?
Injured parties have the burden of proof in premises liability cases. Therefore, you must prove the following elements to hold the property owner responsible for your injuries:
- The party owned or operated the premises
- You were lawfully on the property with the owner’s express or implied consent
- A dangerous condition or hazard existed on the property
- The dangerous condition was not obvious or open
- The party failed to take reasonable steps to warn you about the hazard or fix the condition
- The dangerous condition or hazard caused you to sustain injuries and damages
The burden of proof for economic and non-economic damages in a premises liability case is by a preponderance of the evidence. That requires you to convince a jury that there is more than a 50% chance that the evidence proves that the property owner failed to meet their duty of care regarding their property.
5 Essential Actions To Take After Suffering Injuries on Someone Else’s Property
The steps you take after an injury on someone else’s property could impact whether you receive fair compensation. To protect your legal rights after an accident on someone’s property, you will want to:
Gather Evidence
The property owner will likely correct the hazardous condition after you leave the property. Therefore, gather evidence before you leave.
Take photographs and make a video of the area. Ensure that you capture the hazard that caused your injury. Ask witnesses for their names and contact information. Note if there are cameras that could have captured the accident. If so, ask for a copy of the video.
Seek Medical Treatment
Always see a doctor after an accident on someone else’s property. Prompt medical treatment is essential for your recovery. It also helps your personal injury case. Delays in medical treatment could give the property owner a reason to dispute your claim that you were injured on their property.
Notify the Property Owner
Report the accident and injury to the property owner or party in charge of the premises. Ask for a copy of the written report before you leave. If the person does not create a written report, write down the person’s name, title, and contact number.
Keep Track of Expenses
You may be entitled to economic damages. These damages include medical bills and lost wages. It also includes out-of-pocket expenses and other financial losses. Keep receipts, bills, invoices, and other evidence of your losses.
You may also receive compensation for your non-economic damages. These damages compensate you for pain and suffering. Begin a journal to note the details about your recovery, such as your pain levels, difficulty performing tasks, and emotional distress.
Seek Legal Advice From a Premises Liability Lawyer
If you were injured on someone else’s property, you deserve to be compensated fairly for your injuries. However, premises liability claims are complicated personal injury cases. It helps to have experienced legal counsel as soon as possible after your injury.
A premises liability lawyer investigates the cause of your injuries. They gather evidence to build a solid case for maximum compensation of damages.
Injury lawyers offer complimentary consultations. Therefore, you can get answers to your questions and learn about your legal options free of charge.
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