Anyone who owns or manages property has a responsibility to keep that property safe. Unfortunately, many home or business owners neglect that responsibility, and when that happens, injuries follow. Slip-and-fall accidents are perhaps the best-known of these cases, but many types of accidents can happen due to a property owner's negligence. The result? Someone's life is irrevocably changed because the premises were not secure.
Personal injury cases that result from unsafe conditions on a property are known as premises liability cases. The laws surrounding premises liability are complex, and winning fair compensation for victims is a challenge. That's why you need the experienced premises liability attorneys at The Law Firm of Pajcic & Pajcic.
Proving negligence in a premises liability case
In order to file a successful premises liability claim, you need to demonstrate that the owner or manager of the property owed a duty of care that was breached, as in any other personal injury case. Specifically, you need to show that a dangerous condition on the property caused your injury and that it was the owner's responsibility to address it, based on one of the following criteria:
The owner or manager of the property created the dangerous condition.
The owner or manager of the property knew that the dangerous condition existed.
The owner or manager of the property should have known that the dangerous condition existed.
Proving liability in these cases can be difficult. Usually, we're dealing with the homeowner's insurance or business liability insurance carrier for the property owner, and those insurance companies are rarely willing to pay fair compensation. They may argue that the victim did something to cause the accident or downplay the extent of the injuries.
In situations like that, an experienced premises liability lawyer can make a meaningful difference. We'll negotiate with the insurance company on your behalf and build a strong legal case for fair compensation. And we're always ready to go to trial if they will not offer a fair settlement.
Handling difficult cases with compassion and care
Many premises liability cases are challenging for another reason: the relationship between the victim and the at-fault party. If you were injured while visiting a friend's home or at a business where you are a regular customer, you may not want to take legal action. You need compensation for your injuries, but you don't want to endanger your personal relationships.
We understand how to handle these difficult cases and address all of our clients' needs, not just their financial losses. That's why it's so important to contact us. In most cases, we can handle your claim by negotiating directly with the insurance company, so your friend or colleague does not have to get involved. Remember, you're not trying to take your friend's money. You're asking their insurance carrier to fulfill their contract and provide the coverage that your friend has already paid for.
Decades of experience taking care of injury victims
Whether you've been hurt due to a slip-and-fall accident, negligent security, dog bite or any other premises liability case, call us today to schedule your free consultation. Even if you're not sure whether you have a case, we want you to be aware of your legal rights. Call 904-358-8881 today.
Slip and Falls
Falls are the second-leading cause of accidental death and catastrophic injury in this country, trailing only auto accidents. In many cases, people fall due to negligent acts on the part of the property owner. For instance, a wet floor may not have been marked and cleaned up in a timely manner, or a railing or guardrail intended to prevent falls may have been improperly maintained.
Owners of businesses and apartment complexes are responsible for creating a safe environment on their premises. While personal injury law generally does not hold people responsible for criminal acts committed by another person, there are many exceptions to this rule. One of those exceptions is in cases when a property owner knew there was a danger of criminal acts on their property but failed to provide adequate security.
As with any workplace accident, you generally cannot sue your employer if you are hurt on the job. Thus, if you are injured while working on your employer's premises, your costs will most likely be covered by workers' compensation, not by a premises liability claim.
However, if someone other than your employer was responsible for your workplace injury, you may be able to file a premises liability claim in addition to workers' compensation. For instance, if you were working off-site - for instance, on a construction site - then the owner or manager of that property can be held responsible for your injuries. Likewise, if your employer rents office space or if a third-party company is responsible for maintenance or security at your workplace, you may be able to recover damages from the company responsible for the property.