Premises Liability Lawsuits - Frequently Asked Questions (FAQs)

While they are never intended, injuries of visiting guests do take place on people’s property each year. Slips, falls, breaks, and more can constitute liability if injury results to a visitor. Note also that the term property owner can frequently imply he who is in possession at the time of injury, which would also include a tenant. Below are some of the most frequently asked questions about premises liability lawsuits.

Is the degree of liability always the same for the property owner?

No. Although all property owners have certain obligations, the degree of accountability will often be determined by the type of visitor. Your personal injury lawyers will help determine the legal accountability of a property owner.

What are the different types of visitors considered by the law?

There are three types of visitors recognized by most states. There are invited guests, licensees, and the uninvited trespasser. Invited guests are treated with the most respect by the law, and therefore should be by the owner, who is responsible to correct known issues and seek out hidden dangers. For licensees, however, it is only required that the owner correct known threats. The owner cannot willfully cause harm to a trespasser, but cannot be held accountable for a person uninvited and unwelcomed being injured on his premises. The one exception is a young child who is thought to frequent the premises.

What is the first step to take if injured on another person’s property?

If you are injured, you should first seek medical care. Once the injury has been dealt with properly, it would be wise to speak with an attorney familiar with premises liability and slip and fall lawsuits if you feel that the harm was due to negligence on the part of the owner.

Why should I seek an attorney’s assistance?

There are many reasons why hiring a lawyer is not a bad idea. Besides having knowledge regarding procedure and jargon, an attorney will also know the rules regarding statutes of limitations, or the time allotted for filing a lawsuit. The lawyer will also help you collect information for your case, such as contact information of witnesses, photos of injuries, and medical records.

What if I am injured while on business property?

If that is the case, then there will most likely be an accident or incident report drafted by the supervisor or manager. You should receive a copy of the document before you leave the property, but you are not required to sign it, as doing such is like giving a formal statement without speaking to an attorney. Likewise, avoid speaking to anyone involved in the case before consulting an attorney, including claims adjusters and representatives of the business.

What evidence is needed?

While every case is slightly different, the typical evidence used in these cases includes photos of the scene that show potential hazards, as well as those of the injuries that were sustained. Witness statements are also gathered, as well as physical evidence, such as soiled clothing or other relevant objects. Other things that could come into play are copies of incident reports or police reports taken at the time of the incident, and of course, the medical records which provide proof of injuries and the resulting damages.

How long will the trial take?

There is a chance that your case will not even go to trial. Companies will often try to settle out of court, or offer settlements before the filing takes place, which saves both parties time and money. If it does go to trial, however, the length of time it will take is dependent upon the unique factors of your case. A lawyer will be able to provide an estimate of how long a trial might take.

For more information on premises liability issues as well as car accidents, truck accidents, motorcycle accidents, medical malpractice claims, and wrongful death lawsuits, be sure to speak with our personal injury lawyers in Phoenix.