Injury on someone’s property

Accidents happen – sometimes on someone elses’s property. You may have been injured at a friend’s house, at an establishment, or while on vacation. When regular social activities lead to a hospital trip, you may not be stuck with the bill. Many times, these accidents could have been preventable and you would not be in this predicament if certain precautions were taken. In this case, the victim is often able to recover damages as a result of their losses. An experienced personal injury attorney can review your case and advice on how to seek this compensation.

Injury locations may include:

• Private residences
• Condominium and apartment complexes
• Businesses
• Large retailers
• Restaurants
• Public property

Your ability to recover is based on an area of law called “premises liability”, in these cases an individual brings a claim against the owner(s) of premises (property) where they were injured. The cause of action claims they were injured as a result of a dangerous or defective condition on the property. From there it depends on the guest/the injured party’s purpose for being on the property.

Individuals who are on a property for business purposes are owed more care than those present for social purposes, both receive more protection than those who are present without permission. These protections extend beyond those commonly known to be the subject of litigation such as slip-and-fall injuries. For example, a business owes to its customers the duty of keeping the premises in a reasonably safe condition. This doesn’t just mean keeping the floor clear of obstacles, it also includes security and maintenance. Similarly, a homeowner who invites their friends over is liable not only if a faulty door falls on a guest but also if their dog bits them.

If you have been injured, damages may include:

• Medical Expenses
• Lost wages
• Pain and suffering
• Punitive damages in the most egregious cases

How is this proven?

An experienced premises liability attorney will review your case and search for evidence of how the incident occurred. It is important you preserve all information pertaining to the incident and your injuries. Important to your case are: photographs, witnesses (who else was present), voicemails, social media posts, and text messages, medical records, and anything else that can show why you were on the premises and what happened to you.

Victims are commonly injured due to:

• Slip and falls
• Ceiling or floor collapse
• Lack of safety devices
• Animal attacks
• Construction
• Electrocution
• Physical attacks

When you seek counsel follow once of these incidents, your attorney will present your claim to the homeowner or premises owner’s insurance company. In some cases, such as if there is inadequate insurance coverage, the attorney may make a demand on the property owner directly. If negotiations are unsuccessful, your attorney may recommend filing a lawsuit to ensure you receive adequate compensation.

Call us today to discuss your case

If you have been injured on another person’s property, you may be legally entitled to recover damages for your injuries and the expenses incurred due to them. The experienced attorneys of Oldham & Delcamp are prepared to pursue your claim and seek full compensation for you.