If you get injured on someone else’s property, a legal theory called “premises liability” can help hold the owner legally responsible. It states that property owners must make every reasonable effort to ensure that the environment on their premises is safe for people to visit.
However, not all accidents fall under premises liability. Your injuries must stem from a dangerous or hazardous condition that the property owner reasonably knew of but was negligent in fixing in a reasonable amount of time.
Let’s look at the concept of premises liability, what kinds of accidents fall under it, and what you can do if you injure yourself while on someone else’s property.
Types of Accidents
There are several different types of accidents that could fall into the premises liability category:
- Children drowning in a swimming pool.
- Sidewalk crack trip, slips, and falls.
- Slip and fall on a wet floor in a store.
- Dog attacks/bites.
- Falling into holes.
The above are just a small sample of the many different kinds of accidents that a person can sustain due to the negligence of the property owner. The best way to determine if your accident falls under premises liability is to contract a Ballantyne personal injury attorney.
What Kind of Damages Can You Get?
Several circumstances should be taken into consideration before a case is filed in a court of law. For example, you must first have sustained an injury as a result of a dangerous condition on a property.
The owner of that property must have had pre-knowledge of that dangerous condition, and they failed to fix it in a reasonable amount of time. They must also have failed to warn people about that condition.
If the conditions that caused your injuries meet the definition of premises liability as defined by the State of North Carolina, you could potentially get awarded damages such as:
- Pain and suffering.
- Mental anguish.
- Medical bills.
- Future medical bills.
- Loss of income.
- Loss of benefits.
- Permanent disability.
Premises Liability Complexities
Like all legal matters, there could be several complexities that could affect your case one way or another. This is why retaining a personal injury attorney is so essential. They can help advise and guide you through the often-complex world of personal injury law.
For example, if you get injured on government property, there is a chance that they could have immunity from being sued. In certain situations, you might need permission from the government to sue the government.
Or, if your injury occurred in a rented space or property, it might be challenging to determine who is liable. Depending on the circumstances of your injury, either the property manager, property owner, or the individual tenant (renter) could be held partially or totally responsible for your injuries.
Dealing with Insurance Agencies
You should not speak to an insurance agent until you’ve contacted a personal injury attorney. Even if they seem like the nicest person you’ve ever met, insurance agents might not have your best interests in mind.
They might try to get you to make a recorded statement or settle for less than what you’re owed. They can then try to turn your words against you and potentially limit your claim. One of their main interests are making sure that the insurance agency pays out the least amount of money possible.
The problem with settling with an insurance company before seeking advice from an attorney is that you could have lasting injuries that will require expensive medical care for many years, decades, or the rest of your life. Once you accept an insurance settlement, you cannot legally come back and ask for more money in the future.
You do not have a legal obligation to speak to an insurance agent, no matter what they try to insinuate or tell you. Simply tell them that you do not wish to talk, and your attorney will be contacting them.
What Should I Do if I’m Injured?
If you’re injured on someone else’s property, you should first seek medical attention. Even if your injury seems small, it’s better to be safe than sorry. Sometimes injuries can take hours, days, or even weeks to manifest themselves. This is especially true for head injuries.
Once you’ve been medically cleared, try to gather up as much evidence as possible. Pictures of the accident scene, witnesses, and police/medical reports are all invaluable assets in helping your attorney prove your case in a court of law. Then, contact a personal injury lawyer.
Ballantyne Personal Injury Attorney
After you’ve sought out medical care and gathered up the evidence, contact us at (704) 887-4981. At Bumgardner Law Offices, we have helped countless Ballantyne citizens with their personal injury law cases.
Our compassionate attorneys will advise you on your case, aggressively fight for your rights, and help you or your loved ones seek the justice that you deserve.