Lawyers for Premises Liability in Conway
Whenever someone else opens their property up to you, they assume a legal duty to you. It does not matter whether they know you or have given you a personal invitation. So long as their property is open for you to enter, they must act reasonably under the circumstances. If they do not, and you have been injured, you can sue them for financial compensation.
Examples of Premises Liability Claims
Premises liability claims touch upon a number of areas. They can include:
- Inadequate security cases
- Dangerous conditions on a property
- Elevator and escalator accidents
- Swimming pool injuries
- Patio or building collapses
Examples of Negligence in a Premises Liability Claim
The common element in all these cases is the way that you prove them and win. The legal standard in every premises liability case is negligence. The property owner has an obligation to you to act in the same way as a reasonable property owner would.
To be clear, not every single accident warrants financial compensation. A property owner does not guarantee and ensures your safety the minute you step on their property. However, when they do something wrong, they can become liable to you in a lawsuit.
Here are some examples of unreasonable conduct that could result in financial compensation:
- Failing to install security cameras or hire guards when there is a track record of crime in the area
- Failing to clean up a spill in a supermarket aisle for an unreasonable amount of time
- Not properly inspecting and maintaining amusement park rides before they are opened to the public
- Leaving a swimming pool unsecured when it is not in use, where children can access it
You Are Always Dealing With an Insurance Company
Both homeowners and businesses should have liability insurance to protect them when people are injured on their property. Insurance coverage is both good and bad news for you. On the one hand, there is a policy in place to pay for your injuries and the damage that the property owner caused. On the other hand, there is an actual insurance company that does not want to pay for the damage that their policyholder caused.
Insurance companies and juries will demand proof before they are willing to determine that the property owner is liable for the accident. The law holds that the burden of proof is on you, and the standard in a civil case is the preponderance of the evidence. This standard requires that you show that your claims were more likely than not to have happened. The good thing is that this standard is lower than the “beyond a reasonable doubt” standard that prosecutors must reach.
How to Prove Your Premises Liability Claim
Still, you need evidence to back your claims because you need more than just your word. Since you are likely dealing with injuries, it is hard for you to perform the role of investigator in your own case. This role is one of the major reasons why you need to hire a premises liability attorney. Your attorney may gather the following types of evidence to help prove your case:
- Eyewitness testimony from people who saw what happened
- Pictures of the scene of the accident
- Video footage from surveillance cameras
- Maintenance records that the defendant has in their possession
- An inspection of the actual system that malfunctioned
- The accident report
Damages in a Premises Liability Case
If you are able to prove liability, you are legally entitled to damages. Your settlement check or jury award must restore you to the position that you were in before the accident. Your damages will include the following:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
Business liability insurance companies have a number of tactics that they use to complicate matters for you. First, they can deny your claim if they do not believe that you have provided enough evidence. Insurance companies often do this for slip and fall claims, where they are naturally distrustful of any claim filed. If the insurance company denies your claim, you can file a lawsuit against the defendant in court and allow the jury to determine whether the defendant was liable.
Insurance companies are also difficult about the amount of compensation that they will pay. Their classic tactic is to make you a very low settlement offer, thinking that you will be grateful for whatever you are given. However, the insurance company does not have the legal power to determine what you get. They must negotiate with you like everyone else, and a jury would decide the matter if you cannot agree.
Your attorney would work to maximize your financial compensation in your case, advising you to reject offers that do not fairly pay you. In premises liability cases, you have legal rights, and you do not just have to take what someone wants to give you because it fits them.
Call a Conway Premises Liability Lawyer
Premises liability cases require an experienced lawyer to both prove liability and get the most money for you. When you or a loved one have been injured on the property of another, we can help. Call the lawyers at Denton & Zachary at 501-273-1695 or reach us online to schedule your free initial consultation. You do not need to pay us unless we win your case.
Premises Liability FAQs
Do I need a premises liability lawyer?
Insurance companies will make it far more difficult for you when you are approaching them on your own and will take you more seriously when you have an attorney.
What if I was partly to blame for my own accident?
You can still recover financial compensation, so long as you bear less than a majority of the blame for your injuries.
How long will my premises liability case take?
While the legal process takes time, it is difficult to predict in advance how long your case will take from beginning to end.