If a person is harmed on the premises of another person, they may be entitled to compensation. Property owners have an obligation to ensure their visitors remain safe, and if they fail to take this obligation seriously, visitors could be seriously harmed. If you have been injured in this manner, a West Unity premises liability lawyer can assist you.
Taking on the responsible party in court may not be a good idea if you do not have a lawyer, and if you try to represent yourself, you will more than likely lose your case. Consult a knowledgeable personal injury attorney to learn more about premises liability laws and your legal options.
Factors Impacting Premises Liability Lawsuits
Filing a premises liability lawsuit is easier said than done, and more than likely, injured individuals will need help from a West Unity premises liability lawyer if they want compensation. In court, legal officials will take the following factors into consideration before ruling:
- The circumstances under which the plaintiff (injured party) visited the property
- How the property is utilized
- Whether the accident could have been foreseen or prevented in any way
- Whether the property owner attempted to warn the plaintiff of any potential hazards
If a property owner fails to warn a visitor about any potential hazards, they can be held liable if an injury occurs. Property owners should even warn potential trespassers about any possible dangers.
Types of Visitors
From a legal perspective, there are four different types of visitors to a public or private property, such as:
- An invitee is a person who is invited to visit the property of a person. When the invitation is offered, the visitor often assumes the owner of the property will take steps to ensure they remain safe
- A person who visits a property with the consent of the owner is known as a licensee
- Social guests are invited to properties for social or recreational purposes
- Trespassers enter properties without the permission of the owner
Trespassing is almost always illegal, but if a trespasser is harmed on the property of another person, they may have grounds for a legal claim. This is especially true if the owner of the property can foresee trespassers visiting the property. If any of the visitors listed above are injured, they should consult a West Unity premises liability lawyer.
Comparative Fault
Premises liability laws can be complicated, and sometimes, the court will rule that both parties are at fault. Visitors can sometimes be held liable, and if a court believes a visitor did not take basic steps to ensure their own safety, they may rule against them. If a visitor acts carelessly or recklessly, and their actions result in a personal injury, they may not be entitled to compensation.
This type of ruling is known as comparative fault, and when both parties are deemed responsible, the court will provide compensation according to the amount of fault each party bears. For example, if a court rules a person is 40 percent responsible for their own injury, they may only receive 40 percent of the amount of compensation they are asking for.
Consulting a West Unity Premises Liability Attorney
If you have been injured on the property of another person or company, you may want to file suit. Your injuries can prevent you from returning to work and providing for yourself, but with compensation, you can avoid any potential financial strain. Get in touch with a West Unity premises liability lawyer now. Work with a legal advocate that can devote the time and resources necessary to build a solid case for you.
