Who is responsible for my injuries on another’s property? Premises Liability Claim
You take your safety seriously. When you are watchful and vigilant and you do not take unnecessary risks. It is reasonable for you to expect others to have the same standard. When you visit a public venue or a private home, you should not fear for your safety. If you have been injured in an accident while on the premises of another, then you should hold them accountable. It is right for you to seek financial compensation for the pain, injury, and losses you have sustained. To exercise this option, you should retain a San Diego personal injury attorney. Your San Diego personal injury lawyer will help you build a case against the person responsible for the accident and the injuries it caused.
You Must Base Your Claim on Negligence
Premises liability claims are based on tort law. The latter is a field of law that allows persons who have suffered material injury owing to the action or inaction of another to claim compensation from them. Property owners have a legal obligation to see to the safety of people who visit their premises. If you are injured on the premises of another because they failed to keep the space in a reasonably safe condition, then you can hold them accountable. Your case will be based on the fact of their negligence. You can prove negligence by showing that they failed to take the measures that any prudent property would have taken under similar circumstances.
Specifically, you must prove that the property owner had a duty of care, that they did not fulfil that duty of care, that their failure caused the accident, and that you suffered harm because of the accident.
Compensation You Can Claim
You may have a clear-cut case against the property owner. However, you will most likely have to deal with their insurance company. And the lawyers for insurance companies will try to minimize the amount of compensation you can receive. These attorneys are especially aggressive and will put up a fight. That is why you need a San Diego premises liability attorney who is equally aggressive, skilled, and determined.
You should not work with the insurance company on your own. In fact, if they try to contact you, it is imperative that you refer them to your San Diego premises liability lawyer. Your premises liability attorney in San Diego will attempt to negotiate a settlement with the insurance company or their lawyers for the following damages:
- Medical treatment
- Loss of current and future wages
- Pain and suffering
- Emotional distress
- Permanent disability
Protecting Yourself and Your Case
If you had an accident on another person’s property, the event may leave you temporarily confused and disoriented. But you should pull yourself together as quickly as possible. You have a roll in protecting any future case you may have against the property owner. To protect yourself and your case, you should take the following steps after the accident:
- Go to the hospital immediately
- Secure relevant evidence if you can
- Report the incident to the property owner
- Call a lawyer as soon as possible
The more you are able to document the accident and the effect of it the easier it will be to prove your case against the party responsible. However, you may be in circumstances in which this is not possible. That is okay. Your attorney will send professional investigators to interview people who witnessed the accident and gather other types of evidence. Nowadays there is bound to be one or two people who captured the accident and its aftermath on their smartphone cameras.
If you have been in an accident on someone else’s property, then you should speak to a premises liability lawyer in San Diego at the Law Offices of Keith J. Stone.