Premises liability is an area of law that deals with getting hurt on someone else’s property or some business’ property. The most common form of this are slip and fall or trip and fall accidents at a business, but there are other forms of premises liability as well, including, but certainly not limited to, accidents at hotels, bars and nightclubs, apartment complexes, and city sidewalks.
Premises liability cases are those where the owner can be held accountable for accidents that occur on their property due to unsafe or hazardous conditions.
If you have been hurt at someone’s business, chances are you were asked to fill out some paperwork called a “claim form.” On this claim form, you had to list your name and contact information and how the incident occurred. Then the company will do an investigation.
To win such a case, the person bringing the lawsuit must prove the following in his or her case:
- The owner must have caused the problem or allowed it to occur through neglect, whether it was a spill on the floor, or the broken floor.
- The owner either must have known or should have known the hazard existed.
- It was not a known or obvious defect. In other words, it was not something you should have missed.
Property owners and landlords are responsible for addressing and resolving any unsafe conditions. They are required by law to remove hazardous substances or conditions and keep you safe against potential accidents.
Another important factor to consider in the strength or weakness of your case is classifying you in the eyes of the law.
There are three categories under Washington State law:
- a trespasser
Slip and fall and trip and fall cases are among the most difficult personal injury cases to prevail on because oftentimes you have to overcome the “you should have watched where you were going” defense.Common Premise Liability Injuries
If you have been injured on someone else’s property or at someone’s business, then you may have suffered one of the following injuries:
- Broken bones
- Soft tissue injuries
- Back injuries
- Knee injuries
- Traumatic brain injuries
Injuries of this serious of a nature rarely just heal on their own. Rather, they require medical attention to address them. Medical specialists such as osteopaths, physiatrists, and chiropractors can help you get back to the path to health after suffering a serious injury on someone else’s property.Exceptions to Liability
Winning a premises liability case can be challenging because there are legal arguments the defendant can make that have consistently held up in court. Among them are:
- You knew ahead of time about the danger that led you to be hurt
- The danger was considered “open and obvious,” meaning anyone could see it
- The owner of the property or business where you were either didn’t know or reasonably could not have known about the danger that hurt you
- You caused your injury by not using the premises correctly
Open holes or extremely raised sidewalks, for instances, could be examples of “open and obvious” dangers where the injured person either knew or should have known that there would be a problem if they didn’t avoid the open and obvious hazard.How The Jackman Law Firm Can Help
If you have been injured on someone’s property or at their business, you may have a claim against them to recoup compensation for your injuries. The Jackman Law Firm has the expertise to effectively represent you with the insurance company, in arbitration and if necessary in court to secure your rights for compensation and relief. After your injury, you are understandably upset and likely unsure of your options and which way to with your case. You are likely receiving a lot of phone calls from insurance companies, you’re going to the doctor or the chiropractor, and you may be missing work.
If this is the case, do not go through this process alone. We can help you every step of the way. We can work with the insurance companies so they do not contact you. We can help you secure all of the compensation you are owed for your injury under Washington State Law. The Jackman Law Firm can help you recover the following:
- Money for pain and suffering
- Money for lost wages
- Money for out of pocket expenses
- Money for medical bills
We have the resources, experience, and successful track record to win your case. There may be instances when you find yourself having to defend yourself from untrue accusations from the insurance company for the party that injured you. They may claim that you are somehow either entirely at fault or partly at fault for your injuries.
For instance, if you suffered a spinal cord injury because of a slip and fall at a business’ parking lot, the insurance company for the business may argue that you should have watched where you were going. If this is the case, the Jackman Law Firm can help you by sending a subpoena for documents from the company, interviewing key witnesses, and speaking to the police to see if we can do everything possible to prove your case in your favor. Feel free to call for a free consultation.