Are Premises Owners Liable for Others’ Actions?
Did you sustain an injury during an accident that occurred on private property? If so, you may want to consider hiring a premises liability lawyer in Phoenix to help you take legal action against the owner of this private property.
Each year, about 63 million Americans seek medical attention for nonfatal preventable injuries. If you believe a private property owner caused you to suffer one of these injuries, you might have a strong legal case against them.
You might also wonder, “Are private property owners really liable for others’ actions?” Find out the answer to this question and others like it below.
Are Private Property Owners Liable for Others’ Actions?
Yes, private property owners can be held liable for others’ actions when people are injured on their properties. You’re welcome to explore the idea of filing a premises liability lawsuit against a private property owner if you’re hurt while on their property and end up facing a mountain of medical debt.
You won’t always earn a legal victory when you file this type of lawsuit simply because you sustained injuries on someone else’s property. But if you can prove that a private property owner’s own actions resulted in your injuries, you may have enough to convince a judge and/or jury to award compensation in your case.
Contact our team today so we can fight to help you get the compensation you deserve.
When Are Private Property Owners Responsible for Others’ Actions?
Just because you’re injured while on private property doesn’t automatically mean you can file a premises liability claim against this property’s owner and win. Accidents happen on private properties all the time — and property owners aren’t responsible for all of them.
Private property owners are, however, required to help visitors avoid “reasonably foreseeable” accidents. These are accidents that, at least in theory, private property owners should have been able to anticipate. Furthermore, they’re accidents that private property owners could have — and, in the eyes of the law, should have — taken steps to prevent.
If, for instance, you slip and fall on an unmarked wet floor in the middle of a crowded grocery store and injure yourself, you could potentially file a lawsuit against the store. You can argue the store didn’t do enough to provide you with a safe floor to walk on. You might win, too, if you can highlight how the defendant in your case demonstrated negligence and caused your accident.
How Can You Prove Negligence on the Part of a Private Property Owner?
While a private property owner can be held liable for others’ actions, proving their alleged negligence isn’t always easy. Premises liability cases are often challenging to prove in court.
To do it, you must prove the following four elements:
- Duty of care: The legal obligation that a private property owner has to keep their premises safe
- Breach of duty: The action a private property owner takes to stop their premises from being safe
- Causation: The hazard that led to you sustaining an injury on private property that a property owner failed to address
- Damages: The financial losses you suffered (medical bills, lost wages, rehabilitation costs, etc.) because of your accident
Additionally, you will need to show that you had visitor status while on private property. If the defendant in your case can prove you weren’t supposed to be on their property when your accident occurred, this alone could doom your case.
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What Evidence Can You Collect To Build a Strong Premises Liability Case?
Proving the four elements of a premises liability case is tricky. Part of the reason for this is that it isn’t always easy to collect evidence related to these cases so that you can prove them in court.
If you’re ever injured on private property, begin gathering evidence related to your accident right away. Even if you aren’t sure if you’ll take legal action against a private property owner, it’s better to stay on the safe side by finding as much evidence as you can.
Here are examples of the evidence you should pull together to build a strong case:
- Smartphone photographs and videos of the accident scene
- Statements from anyone who witnessed the accident
- Medical records related to the accident and statements from medical professionals about the severity of accident injuries
- Security footage of the accident
- Police reports about the accident
The more evidence you can collect, the stronger your case should be. This is especially true if you happen to live in a comparative fault state.
Some states use the comparative fault principle to assign specific percentages of blame to the plaintiffs and defendants involved in premises liability cases. If you’re found partially to blame for an accident on private property and can’t provide evidence to show that you shouldn’t receive any blame, it could limit the amount of compensation you collect.
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Which Premises Liability Attorney Should You Trust To Represent You?
Hiring the right premises liability attorney to handle your case is of the utmost importance. An experienced lawyer can investigate the circumstances surrounding your case and help you point out the negligence demonstrated on the part of a private property owner.
Search for a personal injury lawyer in your area who has handled similar cases in the past. They can provide additional insight into how these cases work and help you gather the necessary evidence to create a more compelling case overall.
Need Help Locating the Right Premises Liability Lawyer? Contact Us Now
In many instances, private property owners can be blamed for accidents caused by others’ actions. In some cases, something as simple as a slippery floor could leave a private property owner susceptible to a lawsuit. In others, providing inadequate security at an event is reason enough for a private property owner to take responsibility for an accident and the injuries it caused.
Accident Hotline can help you find a reputable lawyer who understands the ins and outs of premises liability in your city. Call us at (844) 343-9609 to connect with a local personal injury attorney who can offer a free, 24/7 consultation.
For a free consultation, call (844) 343-9609
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