What Are My Legal Options If I Had An Accident On Private Property?
April 2, 2020
Because of how unexpected and traumatic they can be, accidents can be some of the most stressful circumstances you will ever find yourself in. However, if your accident took place on private property, then you may be able to file a personal injury lawsuit in order to get the compensation that you deserve.
If you’re considering filing a suit after an injury on private property, then it’s important that you learn as much as possible about these cases and what you can expect from your lawsuit. Learn more about what to do in case you get injured on private property and when you should work with a premises liability lawyer to get help with your suit.
Premises Liability Law
Premises liability is a legal concept that covers the responsibility of an owner or property manager. As well as their duty of care to those who come onto their property. It outlines their liability should a person become injured on their property, when they are at fault, and what kind of damages can be recovered.
If you are hurt on someone else’s property, you may be entitled to compensation. So long as you can demonstrate that their behavior or lack thereof was responsible for your injury.
What You Need to Prove Your Accident On A Private Property
Winning a premises liability suit is dependent on having a preponderance of the evidence. When gathering proof for your suit, it’s important that you target the evidence that is likely to win your case.
- First, you must be able to prove that your injury occurred on the property. Whether through legal documentation or pictures.
- Secondly, make sure that the person you are suing is, in fact, the legal property owner.
- Finally, you must be able to demonstrate that your injury resulted from unsafe conditions that the property owner had a duty to prevent.
If you can prove this basic evidence, then you certainly have a good chance of winning your suit.
How a Property Owner Can Be at Fault For Your Accident
As mentioned above, winning your suit depends on proving the fault of the property owner in your case. Property owners, both commercial and residential, have a legal responsibility to ensure the safety of their guests. If they don’t uphold this responsibility, then it is possible for you to bring a lawsuit.
There are actually numerous ways a property owner can be held responsible for injuries that occur on their private property. If a property is inherently unsafe and the owner does not provide adequate warning, then they may be liable for injuries. Also, if a property owner does not provide adequate security and someone is injured as a result, this can also be grounds for a lawsuit.
You may want to consult with a premises liability lawyer first before you try to prove fault against a property owner.
When The Owner Is Not Liable
There are certain circumstances where the owner or occupant of a property may not be liable for the injury. First, if the injured party was not legally entitled to be on the property. If they trespassed or came without being invited or welcomed, they may not have a case for a lawsuit. Secondly, if the accident can be shown to be the fault of the visitor. For example, the trip and fall were due to their own clumsiness. The property owner may not be liable for the accident.
Additionally, a property owner may claim that you were negligent while being in their private property. If they can prove this, your case can end very quickly. Preparing yourself with the help of a premises liability lawyer for these potential defenses will make it much easier for you to win your case.
Consult With a Cogburn Premises Liability Lawyer
Slip and fall accidents on private property can become very complicated when it comes time to file a lawsuit. Ensure your case is handled effectively by working with a premises liability lawyer from Cogburn Law. We have experience in every area of personal injury. We are ready, willing, and able to fight for you. Contact one of our professionals today at (702) 748-7777.
If you would like to learn more about the personal injury claims process, or you would like a guide on how to win your personal injury case, just add your email below. We will send you our top tips for absolutely free.