Have you ever suffered an injury on another person’s property? Was the property owner involved in the incident? Based on the circumstances, you may be eligible to file a premises liability claim. What is it, and how does it work? Here’s more on the subject.
What Is Premises Liability?
According to the official definition, premises liability is a liability that a land owner or occupier bears for an injury inflicted on someone due to an unsafe condition on their property. Since it’s a matter of personal injury, only a law firm well-versed in the law can assist you with your claim. When it comes to finding a personal injury law firm, Rhode Island will certainly present you with a number of choices. However, every state’s liability laws are different.
What Are Property Owners Liable for?
It’s important to note that no premises owner bears unlimited liability. Based on the state’s law, they are usually liable for preventable accidents. Hence, if you’re hiring personal injury lawyers, Rhode Island laws may come into play.
Furthermore, even with this type of liability, there are certain practical limits. This is where a homeowner’s insurance plays a role. In certain cases, homeowner’s insurance may help them cover their property.
Common Premises Liability Cases
Crimes that occur due to inefficient or inadequate security slip and fall accidents and dog bites by dogs that are unrestrained are by far the most common types of premises liability cases. While these are the most common types, these aren’t the only types of premises liability claims. So, when you’re hiring a personal injury law firm, Rhode Island lawyers must make you aware of the laws surrounding your particular situation.
What Are the Legal Duties of a Property Owner?
A property owner’s duties towards those who visit them can vary depending on the circumstances involved. They also depend on the status of a visitor. For example:
Some people, such as licensees, enter the owner’s property with permission but for different purposes. It could be a worker digging a water main or just a friend who visits unannounced. In such cases, it is the property owner’s responsibility to protect a licensee against obvious dangers or any dangers they’re aware of.
If a property owner has invited a customer or business personnel for any matter, they must protect them from dangers they’re aware of. This is where you can reap the benefits of hiring a personal injury law firm. Rhode Island lawyers will not only make you aware of your rights as visitors and invitees, but they will also help you file claims if the property owner fails to protect you from harm.
Does Premises Liability Coverage Extend to Trespassers?
In short, yes, it does, but it depends on the type of trespassing.
In Case of Children
Since most children are unaware that they may be trespassing, they certainly represent a special case. Here, the owner may be liable for injuries that may have occurred due to something they were already aware of. For instance:
- If they knew that children might trespass
- There wasn’t any care available to mitigate the danger
- The nuisance resulted in serious injury or death
In Case Of Constant Trespassing
If the owner is aware that there’s constant trespassing, it’s important that they place adequate signs to repel the trespasser/trespassers. Sometimes, a simple warning such as a “Beware of Dog” sign should work. In the presence of a trespasser, the property owner must exercise additional care. Here, seeking help from your personal injury lawyers, Rhode Island is imperative.
All in all, the degree of a property owner’s duty of care depends on the circumstances.
How Can You Win a Premises Liability Claim?
Winning a claim requires you to present adequate proof that you did indeed suffer an injury. This is where you must seek assistance from a personal injury law firm. Rhode Island laws may require you to rely on evidence such as:
- Pictures of your injury
- Medical records
- Your own testimony
- Medical expert testimony
A victim can claim damages for the following:
- Pain and suffering
- Lost earnings
- Damages for medical expenses
- Other elements of damage
Questions to Consider When Filing a Premises Liability Claim
Premises liability cases can get tricky. It’s important to consider certain questions, such as:
- Were you a trespasser?
- Were you an invitee?
- Were you a licensee?
- What damages did you suffer?
- Were you also at fault?
Remember, the more you delay it, the weaker your claim gets.
When Should You Hire a Personal Injury Lawyer?
Once you’ve answered the stated questions and concluded that you had suffered a personal injury at another person’s premises, you should seek help from a reliable personal injury lawyer. However, based on your circumstances, you may also need a premises liability expert to find out who was at fault by reconstructing the incident.
Hiring a Personal Injury Law Firm
Seeking a reliable personal injury law firm? Rhode Island has you covered.
As the region’s premier law firm, Rob Levine & Associates offers a number of advantages to its clients. With years of experience and a number of successful cases under our belts, we help you achieve results in a short span of time. We understand how draining it can be to be involved in a premises liability case. Our lawyers have an extensive understanding of how the local system works, and it can certainly come in handy for your particular case.
So, if you have recently suffered a personal injury at someone else’s property due to negligence on their end, it may be time to take action. The more you delay, the harder it will be to reap benefits from filing a premises liability claim. Furthermore, if you’re in the Providence, Fall River, Boston, Hartford, and New Haven area, we have local attorneys to step up, fight for you and help you get your rightful compensation, no matter what the case or the circumstances.
Call us today, and let us help you file your claims successfully.