Premises liability claims related to physical, financial, and emotional losses that are caused by the negligence of commercial property owners or managers. A slip and fall accident or falling object injury are prime examples of a premises liability claim, but regardless of the type of accident involved, the attendant losses are often immense.
If you or someone you care about has been harmed by a property owner’s negligence, seek the skilled legal guidance of an experienced Moncks Corner premises liability lawyer.
Common Premises Liability Claims
In addition to slip and fall accident claims, there are many other basic types of premises liability claims, including:
- Injuries from lack of security
- Accidents caused by inadequate lighting
- Accidents involving faulty escalators or elevators
- Losses related to fires
- Poorly managed swimming pools or hot tubs
It’s important to note that property owners are responsible for addressing risk factors that they know about — or reasonably should know about — in a reasonable amount of time. And when this isn’t possible, they are responsible for warning guests about the risk factor.
The Elements of Premises Liability Claims
To bring a successful premises liability claim, there are four primary elements that must be present.
You were owed a duty of care
As a legal visitor, the property owner or manager must have owed you a duty of care. When we head into department stores, drug stores, restaurants, medical facilities, or any other establishments where you have the legal right to be, the owner or manager of that enterprise owes you a duty of care. This means they have a specific responsibility to the safety of all their guests, visitors, or customers that extends to employing the same level of care that other reasonable business owners employ in similar circumstances.
For example, grocery store owners know that spills are not uncommon, and it is standard procedure to have a plan in place for addressing them as they arise.
That duty of care was breached
If the property owner or manager fails to maintain the necessary level of care, their responsibility to you and other guests is breached. For example, when a grocery store manager fails to implement a plan for cleaning up spills, it makes slip and fall accidents far more likely and amounts to a failure to live up to their responsibilities.
The lapse in responsibility caused you to be injured
It is not enough that the property owner breached the duty of care owed to you — that lapse must go on to cause the injuries you sustain. To return to that spill in the grocery store, if you come upon a spill that isn’t cleaned up or addressed with warning signs in a reasonable amount of time and that causes you to slip, fall, and be injured, it meets this critical element of your claim.
You suffered losses
Finally, the injuries you sustain must lead to covered losses, such as the following:
- Medical bills
- Lost income
- Physical and emotional pain and suffering
Ensuring that every category of loss you experience is well represented in your slip and fall claim is critical to your recovery and is a task that is best left in the capable hands of an accomplished premises liability lawyer.
A Premises Liability Lawyer’s Role
Your trusted premises liability lawyer will help to ensure that you receive the compensation to which you are entitled and that you need to fully recover by skillfully taking on all the following:
- Gathering all the relevant evidence in pursuit of your strongest premises liability claim
- Communicating with the insurance company on your behalf, helping to ensure that you aren’t coaxed into making statements that go on to harm your claim
- Engaging in skilled negotiations with the insurance company for a just settlement that fairly addresses your losses
- Helping to ensure that the insurance company operates within the boundaries of the law
- Helping you better understand the claims process and what you can do to protect your claim throughout
- Preparing to take your claim to court in the event that the insurance company is not interested in engaging in fair negotiations
The outcome of your premises liability claim will guide your recovery, which makes working closely with an experienced premises liability lawyer well advised.
Contact a Moncks Corner Premises Liability Lawyer Today
West Law Firm Personal Injury Lawyers in Moncks Corner, South Carolina, is a family firm whose members have lived in the area for generations – going back to 1945. E. Mason West is the firm’s practiced premises liability lawyer, and he takes immense pride in his impressive track record of helping clients like you obtain the compensation they need to recover fully.
Premises Liability Case FAQs
How do I know if the property manager was responsible for my accident?
Whether or not the property manager of the premises on which you were injured is liable for your accident and attendant losses is a matter of law, and a seasoned premises liability lawyer can help you with that.
Can I afford a premises liability lawyer?
While it can be frightening to take on the extra expense of legal counsel when you’re facing cascading losses related to a premises liability claim, most reputable premises liability lawyers work on contingency, which means they don’t get paid unless your claim is successfully resolved via either a settlement or court award.
Can I handle my claim on my own?
Your rights are far better protected and you’re far more likely to obtain the compensation to which you are entitled with a savvy premises liability lawyer on your side.