If you have been injured on someone else’s property, you may have a premises liability claim encompassing various accidents, including slip and fall incidents. Property owners have a legal duty to maintain safe conditions on their premises, and if they fail to do so, they may be held liable for injuries on their property. Speaking with our Lynnwood premises liability attorney at the Snohomish County Injury Attorney can be crucial in understanding your rights and pursuing a compensation claim. Our attorneys can assess the circumstances of your injury, gather evidence, and work to establish the property owner’s liability. Whether your case involves a slip and fall, trip and fall, or another type of accident, our experienced attorney, Kelby J. Derenick, can help you navigate the legal process and seek the compensation you deserve for your injuries and losses.
Types of Premise Liability Accidents
Premises liability accidents can occur in various settings where individuals are injured due to hazardous conditions on someone else’s property. Some common types of premises liability accidents include:
- Slip and Fall Accidents
- Inadequate Lighting Accidents
- Elevator and Escalator Accidents
- Staircase Accidents
- Swimming Pool Accidents
- Dog Bites
- Negligent Security
- Falling Objects
- Amusement Park Accidents
- Retail Store Accidents
- Construction Site Accidents
Property owners have a legal duty to maintain safe conditions on their premises and to warn visitors of potential hazards. When they fail to do so, they may be held liable for injuries suffered by individuals on their property. If you have been injured in a premises liability accident, consulting with our experienced premises liability lawyer in Lynnwood can help you understand your rights and seek compensation for your injuries and losses.
What is Necessary to Prove in Premises Liability Accident?
To establish a premises liability accident claim and hold a property owner or occupier legally responsible for injuries, certain elements must typically be proven. These elements may vary by jurisdiction, but in general, you need to demonstrate the following to succeed in a premises liability case:
- You must show that the property owner or occupier owed you a duty of care. This duty is to maintain safe conditions on the property and take reasonable steps to prevent injuries to visitors.
- You need to establish that the property owner or occupier breached their duty of care. This involves demonstrating that they failed to address hazardous conditions or warn visitors about potential dangers.
- You must prove a direct link between the property owner’s breach of duty and your injuries. In other words, you need to show that the dangerous condition on the property directly caused your injuries.
- Your status as a visitor is relevant to the level of care owed to you. Visitors are typically categorized as invitees, licensees, or trespassers. The duty of care varies depending on your status, with the highest duty owed to invitees.
- You may need to demonstrate that the property owner had actual or constructive notice of the hazardous condition. Actual notice means they were aware of the danger, while constructive notice means they should have known about it through reasonable inspections.
- Proving that the property owner could reasonably foresee that the hazardous condition might cause harm is often necessary.
- If you share some fault for the accident, the court may consider comparative negligence. This means that your recovery may be reduced in proportion to your level of fault.
- You must provide evidence of your damages, including medical expenses, lost wages, pain and suffering, and other losses.
The specific laws and legal standards governing premises liability cases can vary by jurisdiction, and the burden of proof may differ accordingly. For example, some states apply the “open and obvious” doctrine, which may affect your ability to recover damages if a hazard is readily apparent.
Injured in a premises liability accident? Consulting with our experienced personal injury attorney handling premises liability cases. Attorney Kelby J. Derenick can help you understand the elements necessary to prove your case, gather evidence, and work to establish liability and seek compensation for your injuries and losses.
Types of Damages You Can Recover After Premises Liability Accident
After a premises liability accident, you may be entitled to recover various damages to compensate for the injuries and losses you’ve suffered. The types of damages that can be sought in a premises liability case typically fall into two categories: economic and non-economic damages. Here are the common types of damages you can recover:
Economic Damages
- Medical Expenses: This includes the cost of past and future medical treatment, surgeries, hospital stays, medication, rehabilitation, and other healthcare-related expenses.
- Lost Wages: Compensation for income lost due to your injuries, including past and future earnings, benefits, and potential earning capacity.
- Property Damage: In cases where your personal property is damaged, such as clothing or personal items, you can seek compensation for repairs or replacement.
- Out-of-Pocket Expenses: Additional costs related to the injury, such as transportation, home modifications, or medical devices.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical and emotional pain and suffering you endured due to the injury.
- Emotional Distress: Damages for psychological trauma, anxiety, depression, or other emotional consequences of the injury.
- Loss of Enjoyment of Life: Compensation for losing the ability to enjoy hobbies, activities, and life in general due to the injury.
- Scarring and Disfigurement: Damages for permanent scars or disfigurement caused by the injury or treatment.
- Loss of Consortium: In some cases, spouses or family members may seek compensation for losing companionship, support, and services due to the injury.
- Loss of Quality of Life: Compensation for the diminished quality of life resulting from the injury.
The specific types and amounts of damages you can recover in a premises liability case can vary depending on the unique circumstances of your case, the jurisdiction, and the available evidence. An experienced Lynnwood premises liability attorney can help you assess your case, determine the damages you are eligible to receive, and work to secure fair compensation for your injuries and losses.
Our Premises Liability Lawyers Can Help
If you’ve been injured due to a hazardous condition on someone else’s property, taking prompt action and consulting with an experienced Lynnwood premises liability attorney, Kelby J. Derenick, is essential to protect your rights and seek the compensation you deserve. He can be instrumental in helping you navigate the legal process and work to establish the property owner’s liability. The goal of our attorneys at the Snohomish County Injury Attorney is to secure compensation that adequately covers your medical expenses, lost income, pain and suffering, and any other losses stemming from the premises liability accident. Call our experienced attorney at (360) 965-8251, who can guide you through the legal process, whether your case settles outside of court or proceeds to litigation, and ensure your rights are protected.