Premises liability law covers injuries that occur due to unsafe conditions on another person’s property. The severity of these injuries can vary significantly depending on the circumstances, but if they occurred as a result of a property owner’s negligence, accident victims can seek compensation by filing a premises liability claim. Read on to find out how Gomez Trial Attorneys can help.
Types of Premises Liability Claims Handled by The Gomez Firm
The average American assumes that premises liability law applies only, or at least primarily, to slip and falls, but the professional lawyers over at The Gomez Firm can handle all kinds of personal injury claims. The most common types of premises liability claims handled by Gomez Trial Attorneys include not just slip and falls, but also injuries caused by:
- Poor security
- Lack of maintenance
- Unrestrained dogs
- Toxin exposure
- Electrical accidents
Basically, if someone is injured on another person’s property, and that injury only occurs as a result of the property owner’s negligence, it’s time to call Gomez Trial Attorneys. A lawyer will review the evidence, determine whether the client has a claim, then recommend how to move forward given the circumstances surrounding the injury.
How to Prove a Premises Liability Claim
Premises liability claims can be a bit tricky. There are four things the plaintiff will need to prove in order to receive compensation if the case goes to trial.
1. The Defendant Owed a Duty of Care
The first thing the accident victim will need to prove is that the defendant owed a duty of care to visitors as a result of owning, occupying, or leasing the property. In some cases, such as with rental properties, there’s ambiguity regarding who is responsible for the upkeep, but Gomez Trial Attorneys will be able to determine liability even in complex cases.
2. The Defendant Was Negligent
The second thing the victim must establish is that the property owner or lessee failed to fulfill his or her duty of care. In most cases, that duty of care extends to warning visitors of potential dangers and generally providing a safe environment for visitors.
3. The Plaintiff Suffered Harm
The third thing the victim must prove is that he or she suffered an injury while on the property. Medical bills, witness statements, and the victim’s testimony can all be used to establish the fact that an injury occurred.
4. The Defendant’s Negligence Caused the Harm
Finally, the victim must prove that the defendant’s negligence played a substantial role in causing the injuries. The harm suffered as a result of that negligence must also have been a reasonably foreseeable consequence.
Insurance Settlement or Trial?
It’s common for the insurance companies that cover residential and commercial properties to attempt to placate injured parties by making absurdly low settlement offers, which is why experts recommend never accepting an insurance company’s settlement before speaking with a lawyer. A premises liability lawyer can negotiate with the insurance company and, in some cases, obtain fair compensation for the injured party. Often, though, premises liability cases go to trial.
Trust The Gomez Firm
Gomez Trial Attorneys have plenty of experience with both settlement negotiations and providing courtroom representation. No matter what type of injury a victim has suffered, if it was the result of a property owner’s negligence, it’s worth calling The Gomez Firm to schedule a consultation.
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Guest Author Bio
Isabella Thomas is a freelance writer, with 15 years of experience in the law industry. She is a “retired” lawyer and decided to focus on theory rather than practice. She loves promoting new amazing teams in the industry. She lives in Minnesota, Minneapolis with her family.