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What Is A Premise Liability Lawyer

January 15, 2014

If you are like most people, you probably have never heard of a premise liability lawyer. We don’t see advertisements about them on television, and hardly anyone says they want to be one when they grow up. So, it should be understood that it is not a well-known section of the law.

That is more the reason why anyone who has experienced an accident should seek a lawyer who is knowledgeable in this type of law.

What is premise liability?

Premise liability is not as complicated as it sounds. It’s merely the idea that the premise, also known as property, has some liability, or responsibility. It doesn’t matter if the premise directly caused the injury- if it can be proven that the property owners could have done something to prevent it, they may be held responsible.

Here is an example of how that may occur in real life. Shopper A may be in a store when Shopper B slips on the wet floor and knocks down a display. The display then knocks down Shopper B. The store did not directly cause Shopper B’s injuries, but the negligence on their premise did.

Under premise liability law, if the grocery store failed to do something that made it easier for the accident to occur, they could also be liable for that incident, and your personal injuries.

The Responsible Party in Premises Liability

Say that you were walking into a store you assumed to be safe and slipped on a floor that was slippery and wet. The owners or possessor of that store are legally responsible for the safety of their patrons. That means that any injury or accident that can occur at a business, store, or in a school may be the financial and legal responsibility of the premises. These places are required by state law to be safe and free of hazards.

Some accidents which involve the operation or maintenance of a property can be considered premises liability cases, such as:

  • Slippery or icy surfaces
  • Broken pavement
  • Poor lighting
  • Faulty electrical wiring
  • Falling objects or merchandise
  • Defective equipment, such as stairs or escalators

There are also premises accidents which can result from security issues, such as:

  • Improperly trained staff
  • Broken security gates
  • Failure to warn about unsafe conditions
  • Missing or inadequate signage

There are additional accidents that can be tried as premises liability cases such as animal attacks or drowning accidents. These types are more typical to personal homes rather than businesses.

It is not merely enough to be injured at a place to receive compensation. It is necessary to prove that the owner of the property took part in creating the hazardous environment, or knew about the issue and failed to resolve it or warn patrons of any imminent danger.

If this can be proven, then the injured party can be compensated for medical expenses, unearned wages, and suffering.

Common Places for Premise Liability Cases

Premises liability can technically happen anywhere you go. You might trip and fall while walking out of work or you might slip on a layer of grease at the local diner in San Antonio, Tx. Regardless of the accident, the owner of the premise is required to keep people safe while on their property.

Restaurants and places with food

Restaurants and places with food are particularly at risk for premises liability because there might be degraded parts of the building. They also have large kitchens that include electricity and gas lines, so you might end up getting hurt if the premises aren’t managed properly. If you do get hurt while at a restaurant or bar then call your personal injury lawyer to figure out if the company owes you any money for medical bills.

Old buildings

Old buildings such as schools, city condos, and even some hotels might have some premises problems that you cannot see at first glance. In order to avoid these problems ask the owners if anything is wrong with the building. In order to keep people safe, they should put up signs to keep people away from dangerous areas. They should also repair the dangerous areas in a timely manner so that you don’t have to keep avoiding it.

Places Where Things are Being Built

This is an interesting point because when you walk by a house that is building a new roof or putting in a new driveway it might be assumed that you should avoid this location. If there are signs or it’s clear that you should avoid the area then the party that is doing work may not be liable for your damages. However, if a household is ripping down a tree in their front yard and they hit a power cable in the ground, causing you to get electrocuted then you might be eligible for compensation since the people didn’t warn you about this possibility.

Legal Advice for Premises Liability Victims

When you encounter a premises liability case you have to realize that there are plenty of situations that you have to fight through with your personal injury lawyer. In fact, you might have to endure long periods of time in order to figure out exactly who is liable for a dangerous situation on someone’s property.

Remain on the Ground Unless It’s Dangerous

One of the biggest mistakes that people make when they get into a premises liability situation is that they decide to get up and move around. This is a huge risk because you might be risking your health. For example, you might have received a concussion or hurt your spinal cord, making it essential to stay on the ground and wait until paramedics show up. The only situation where you should get up and move is if the area is dangerous. If there is a fire nearby or if you think something else is going to fall on you then you should get up and move.

Take as Many Pictures as Possible

Snap as many pictures as possible in order to give your personal injury lawyer as much information as you can. Personal injury lawyers work off of images so that they can put together a strong case to get you the most compensation possible. Let’s say that you slip and fall or get hit by something on someone else’s property. If you don’t take a picture to show that there weren’t any warning signs than the owner can eventually put up a sign and pretend like it was there before.

Gather Witnesses if You Can

If you are conscious and able to move around and make sure you get the contact information of all the witnesses were in the area. Exchange your contact information as well so that your personal injury lawyer to contact these people to act as witnesses. Some people might not want to act as witnesses but you can at least try to ask and see if they are willing to help you in the future.

How a Premise Liability Lawyer Helps

Premise liability law may seem straightforward, but proving it can be the challenging part. That is why it is absolutely necessary to hire a premise liability lawyer to represent you if you are injured. In situations like this, many times the premises are large corporations who can and will have their own lawyers. They will do everything in their power to prove it wasn’t their fault.

A premise liability attorney knows this and is prepared to deal with the corporate lawyers. They will work with and for you to make sure that everyone who is responsible for the accident is required to pay.

Even if the business seems to be cooperating, you should still contact a lawyer. The business has its own interests in mind, and that is to stay in business. You will not stand a chance up against the legal teams of large companies.

If you feel like your accidents were too minor to warrant hiring a lawyer that is also a bad idea. If you have fallen or hit your head, you cannot be certain how serious the injuries were. If they do turn out to be serious, it will be much harder to get help later.

Contact Begum Law Group

Premise liability law may not be popular, but the attorneys who practice it are absolutely necessary. If you have been in an accident on someone else’s property seek a lawyer that is knowledgeable enough to help.

To speak with a Texas premise liability attorney, contact The Law Giant and set up a free, no-risk consultation: 866-523-4167.

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