When accidents occur on someone else’s property, questions of responsibility come into play.
Premises liability refers to the legal concept that property owners are accountable for maintaining a safe environment for visitors. When injuries occur on a premise, determining liability becomes important.
Partial blame
In some cases, the injured party may bear partial responsibility for the accident. This adds a layer of complexity when filing a claim. It is important to recognize that contributory negligence, or partial blame, does not automatically absolve the property owner of responsibility.
Comparative fault
When an injured person holds some responsibility for the accident, comparative fault principles come into play. This means that both the injured party and the property owner share responsibility. The legal system considers the degree of fault for each party involved.
Filing a claim
Initiating a premises liability claim involves several key steps. First, document the incident thoroughly. Take photos of the scene, any hazardous conditions and your injuries. Collecting witness statements can strengthen your case. Keep all medical records related to the injuries sustained on the property.
Notifying the property owner
Promptly inform the property owner or manager about the incident. Provide a detailed account of what happened. This ensures that they are aware of the situation and can take appropriate actions to address any hazards.
Communicating your claim
After notifying the property owner, contact their insurance company to file a claim. Clearly and concisely explain the circumstances surrounding the incident. Include evidence such as photos and witness statements. Prepare to discuss your injuries and any medical treatment received.
The fact that 25.5 million hospital visits in 2021 were due to unintentional injuries demonstrates that anything can happen. Even if partially responsible, you still have the right to get compensation for your injuries.