Premises liability can be a complicated matter. You naturally expect to be safe when you are out shopping at a grocery store, walking through a parking lot, or dining at a restaurant. However, property owners sometimes fail to maintain their property, resulting in dangerous conditions that cause injuries. If you find yourself hurt due to such hazards, knowing that the property owner may be legally responsible for the accident is important.
What is Premises Liability?
Premises liability is a legal concept that holds property owners accountable for maintaining safe conditions on their property. Whether it is a slippery floor, broken pavement, or poorly maintained stairs, unsafe conditions can cause serious accidents. If you are injured on someone else’s property, the owner could be liable for the damages, including medical bills, lost wages, and more.
The Reality of Premises Liability Claims
While property owners have a legal duty to keep their premises safe, the unfortunate truth is that they rarely do the right thing when an accident happens. They often try to downplay or minimize the injury even when they know they are at fault. Instead of accepting responsibility, they might blame you, the victim.
Here are some common tactics used by defendants in premises liability cases:
- Downplaying Your Injury
Property owners and their insurers will often try to minimize the severity of your injuries. They might say things like, “It’s not that bad,” or “It’s just a minor injury.” Do not let this discourage you from seeking the full compensation you deserve. - Shifting the Blame
A common defense tactic is to suggest that you should have seen the dangerous condition that caused your injury. They may argue that the hazard was visible and that it was your fault for not avoiding it. - Lowball Settlement Offers
Before you fully understand the extent of your injuries, the insurance companies may offer you a low settlement to quickly close the case. This is a common move designed to get you to settle for less than what your injury is worth.
How to Protect Your Rights and Maximize Compensation
If you have been injured on someone else’s property, it is important to take the right steps to protect your rights. Here’s what you need to know to strengthen your premises liability case:
- Do not Accept Low Settlements
Never accept a settlement offer before understanding the full scope of your injuries and damages. It is crucial to get the medical help you need and allow time to fully recover. Only then should you consider negotiating a settlement. - Document Everything
Strong evidence is essential for any personal injury case. After the incident, take photos of the accident scene and your injuries. Get the contact information of witnesses and keep detailed records of your medical visits, invoices, and treatments. All this documentation will help strengthen your case. - Avoid Social Media
Defendants and their attorneys will often scour your social media for any evidence that could undermine your claim. Even innocent pictures, like you enjoying a family gathering, could be used to suggest you are not as injured as you claim. It is wise to avoid posting anything related to your injury or accident on social media until your case is resolved. - Hire an Experienced Premises Liability Attorney
The best way to ensure that you receive the maximum compensation for your injuries is to hire an attorney experienced in premises liability law. Property owners, especially commercial ones, will have teams of legal defense attorneys working for them. You need a skilled attorney on your side to help level the playing field.
What to Expect in Your Premises Liability Case
It is important to be prepared for the common defense tactics that property owners and their insurers may use. They may try to argue that you were at fault, that your injuries were not serious, or that the hazard was clearly visible. With the right legal representation, you can counter these arguments and protect your right to compensation.
At Allen & Nunnally, we’re committed to helping clients like you understand their rights and navigate the complex process of premises liability claims. If you have been injured due to a dangerous property condition, we are here to fight for the compensation you deserve.
Contact Us for a Free Consultation
If you have been injured on someone else’s property, do not let them get away with it. Call us today or visit our website to schedule a free consultation. Let us help you get the compensation you deserve.
At Allen & Nunnally, we believe in empowering our clients and challenging property owners who fail to maintain safe conditions. With us by your side, you can rest assured that you have a strong ally in your fight for justice.