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Am I Able to File a Premises Liability Claim?

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Premises liability is an area of law that governs the responsibilities property owners have toward visitors and guests. Essentially, premises liability law requires premises owners to take reasonable measures to keep visitors and guests safe from preventable harm. If you pay attention to the news, you've probably heard stories of customers filing lawsuits against businesses when they suffer injuries. Although there may be a lot of these stories, not all of these lawsuits are valid. In fact, premises liability laws prevent injured visitors and guests from just filing claims for any reason. Certain factors and criteria must apply.

To understand if you may be able to file a premises liability claim after being injured on another's property, it's important to understand the following:

  • You must be a lawful visitor or guest - Premises liability law applies to lawful visitors and guests. These may include anyone who has been invited to a property by the owner, guests of the general public, and workers who have permission to be on a property. In most cases, but not all, trespassers are not covered by premises liability law. Exceptions may be made in cases involving children who wander onto another's property.
  • The premises owner had a legal duty to keep you safe - To file a claim, you must prove that the premises owner had a legal obligation to keep you safe. Retail stores, supermarkets, amusement parks, sports stadiums, bars and nightclubs, and housing complexes typically owe this duty to visitors and guests.
  • The premises owner didn't uphold their legal duty - You may be able to recover compensation for your injuries if you suffered harm because a premises owner failed to make their property reasonably safe. For example, if a premises owner knew or should have known about potential hazards, did not fix them, and you were injured as a result, they can potentially be held liable for your damages.

If you do have valid grounds for filing a premises liability lawsuit - including a slip and fall claim - you can pursue financial compensation for your medical bills, lost work wages, emotional injuries, and other damages you suffered as a direct result of your accident and injury.

While understanding the basics of premises liability can help you better protect your rights, the best way to determine if you have a potential claim is to discuss your case personally with an experienced personal injury lawyer. At The Daspit Law Firm, our legal team is standing by to review your case, explain your rights, and inform you if you may be able to file a lawsuit for compensation.

To discuss your case during a FREE case evaluation, contact our firm today.

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