If you were injured in an accident on private property due to the property owner’s negligence, you deserve justice. Learn how to make the responsible party pay for your injuries.
Many people suffer accidents on someone else’s property—whether in another person’s home, a store, a restaurant, or elsewhere—which unfortunately result in serious injuries and unexpected expenses that the victim should not have to pay.
Proving that the property owner’s negligence was the main cause of the accident is not always easy, as the law requires clear evidence. Consequently, victims without proper legal guidance may often lose their case. Fortunately, this can be prevented. Keep reading to learn how to prove a property owner’s negligence after an accident on private property and discover more information that can help strengthen your case.
What is Premises Liability?
Before learning about the elements or information that can help you prove the property owner’s negligence, it’s important to understand what premises liability refers to.
This term establishes the legal obligation that a property owner, possessor, or occupant (whether of a house, business, building, or land) has to keep the space safe for people who visit or are present on the property.
Therefore, if you suffer an injury on someone else’s property and the accident resulted from hazardous conditions that could have been prevented, the property owner may be considered legally responsible and required to compensate you for damages.
What are common accidents on properties?
Slips and Falls
Slips and falls on properties can be caused by wet floors without signage, uncleaned spills, torn or poorly placed carpets, and even unremoved ice or snow.
Trips and Falls
Another type of negligent accident is trips and falls, which are usually caused by loose cables obstructing the walkway, uneven flooring, broken tiles or pavement, and even improperly placed objects in hallways.
Defective Stairs and Railings
A property owner’s negligence can also stem from issues such as inadequately lit stairways, loose or broken railings, or uneven or worn-out steps.
Defective Structures
Accidents can occur if the property’s roofs or balconies are unstable, automatic doors malfunction, or elevators and escalators are poorly maintained.
Insufficient Lighting
Poor lighting on a property can lead to falls, collisions, or increase the risk of assaults in parking areas.
Parking Accidents
Parking areas on properties can also cause accidents, including falls due to potholes or damaged surfaces, poor signage, and a lack of security, which can make theft or assaults more likely.
Animal bites
A pet is the owner’s responsibility; therefore, if an animal is loose on or off the property and behaves aggressively or in a way that puts others at risk, the owner will be considered negligence.
Fire and electrical hazards
These can be caused by defective electrical installations, overheating equipment, or the lack of smoke detectors or fire extinguishers.
Accidents in recreational areas or swimming pools
Common or recreational areas are also the property owner’s responsibility. If proper maintenance or correct safety measures, such as fencing or supervision, are not in place, drownings or slips in wet areas may occur.
Exposure to dangerous chemicals
This includes toxic mold, improperly stored chemicals, or gas leaks.
What elements should you consider to prove the property owner’s negligence after an accident on private property?
If you have been the victim of an accident on private property, you must consider certain elements to prove the property owner’s negligence. These include:
- Demonstrate that the owner had a legal duty to keep the property in safe conditions for those who enter or walk through the space.
- Prove that an unsafe, defective, or hazardous condition exists or existed on the property, and that this condition was foreseeable.
- Demonstrate that the owner knew about the dangerous condition or should have known about it through reasonable inspections, and that they ignored it.
- Show evidence that the owner did not act reasonably when it came to repairing, signaling, or taking preventive measures.
- Establish a direct link between the owner’s negligence and the accident. This means the hazardous condition must have been the immediate cause of the injury, and that if the danger had not existed, the accident would not have occurred.
- You must demonstrate the damages suffered by the victim, such as injuries, medical expenses, and more.
What type of compensation can you receive in a property owner’s negligence case?
As a victim of an accident on private property, you have the right to receive different types of compensation. Of course, this will depend on your case and your needs, but the types of compensation victims in these cases usually receive include:
- Economic damages: as the name suggests, these are expenses that have a monetary value. They help cover past and future medical expenses, lost wages, loss of future earning capacity, or any other cost related to the accident.
- Non-economic damages: this type of compensation focuses on the victim’s pain and suffering and aims to address the emotional, physical, and mental impact of the accident. Such as emotional distress, post-traumatic stress, and more.
- Punitive damages: this compensation is not always granted, as it is usually reserved for more serious cases in which it can be proven that the property owner displayed extreme negligence. The purpose is to punish the responsible party and prevent similar behavior in the future.
Reasons why you should hire a premises liability attorney
It is important to consider the guidance and support of a property liability attorney to strengthen your case and obtain the justice you deserve. Consider the following reasons.
- Understand the law and what’s needed to prove negligence. As we mentioned earlier, premises liability cases require demonstrating various legal elements to determine that someone else was at fault. Therefore, a premises liability attorney has experience and knows what evidence is vital in your case.
- Gather evidence and investigate the accident professionally. The lawyer can obtain security camera footage, review incident reports, interview witnesses, preserve evidence before it is lost, and take other steps to strengthen your claim.
- Calculate your compensation accurately. Victims often don’t know how much they can claim. Your lawyer will assess various factors, such as current and future medical expenses, lost income, pain, and suffering, and more, to ensure you receive what you deserve.
- Don’t charge upfront. In the case of Nuestro Campeón, Javier Perez, you don’t pay anything upfront, as they operate on a contingency fee basis. This means you only get paid if they win your case, and you pay a percentage of the settlement or judgment, so you won’t spend anything out of pocket—the responsible party will cover it.
You are not alone! Nuestro Campeón, attorney Javier Perez, and his team are ready to step into the ring and fight to win justice for you
Now that you know in detail how to prove property owner negligence after an accident, don’t be afraid. It’s time to fight for your rights, with an attorney to guide you through this complex process.
Don’t hesitate to contact Nuestro Campeón, Javier Perez, and his legal team. Schedule a completely free and confidential consultation to get the guidance you deserve. Remember, with us, you don’t pay unless we win your case.