Factors That May Influence a Claim
There are many factors to consider when determining whether someone has a legitimate premises liability claim. Before assessing a case, lawyers typically need to know:
- The injured party’s reason for being on the premises
- The owners or managers of the property
- Whether the property owner knew about the hazard
- The steps the owner took to prevent the accident
Once it is confirmed that the accident occurred on someone else’s property, it is important to know why the injured party was on the premises. If the plaintiff was at a store to do business, they might have a valid claim. However, if the injured party wandered onto the premises without permission, they would be considered a trespasser and may not be able to recover compensation.
Attorneys must also identify who owns the property, as it could impact how they proceed with the case. For example, if someone is injured at a public park, they might pursue a claim against the government entity responsible for its maintenance. In this situation, the claims process would be much different than a typical private property case.
Regardless of who had control of the property, the injured party must prove that the property owner knew or should have known about the hazard and failed to take adequate steps to prevent the accident.
Severity of Injuries
If the injuries sustained in a premises liability case are more severe, the injured party may be eligible for higher compensation, depending on their particular circumstances. Severe injuries can include broken bones, permanent scarring, amputation, paralysis, and even death in the most extreme cases. The more serious an injury, the more costly the plaintiff’s recovery may be, and higher damages may be awarded upon a successful case outcome.
The role of a premises liability lawyer in Glendale will typically remain the same regardless of the severity of the plaintiff’s injuries. It will still be imperative to collect all of the relevant facts immediately after the accident to establish a compelling case and help the plaintiff achieve monetary damages for their pain and suffering as soon as possible.
Assessing Visitor Status
The duty of care attributed to a property owner in a negligence claim depends on the injured party’s visitor status. Visitors who were invited onto the property for personal or business reasons are owed a high duty of care. Property owners must maintain the premises to keep those visitors safe.
Property owners can also be held liable for accidents involving trespassers. In these cases, the owner is only responsible if they were aware of the intruder. Injured parties should talk to an experienced premises liability attorney to determine what their visitor status was at the time of the accident.
Speak with a Glendale Premises Liability Attorney Right Away
Property owners who neglect to maintain safe conditions in their buildings can be held financially liable for any injuries you sustain on their premises. If you have suffered damages in an accident outside your home, speak with a Glendale premises liability lawyer about your potential case.
There is a filing deadline for personal injury claims, so it is crucial that you act quickly. Contact our office today to learn more about how our legal team can help you.