Injuries incurred on other's property may be the legal responsibility of the owners or occupiers of the property. Depending on the rules and principles in the jurisdiction where the injury occurred, liability for damages including lost wages and medical bills, as well as pain and suffering may be recovered. A competent Personal Injury lawyer knows the Premises Liability Laws and will able to determine if damages due to an injury caused by a slip or fall may be sought. Common causes of slips and falls include ice and snow, spilled liquid, uneven stairs and broken steps. Slips and falls are usually complex. There are several legal issues and complications that need to be addressed. Personal Injury attorneys with premises liability experience are best qualified to advise you on your rights and the possibility to obtain positive outcomes in slip and fall cases.
No matter how a person ended up on your property, you may be liable for an injury. It doesn't matter if you invited someone onto your property (an invitee), someone comes onto your property with your permission for their own purposes (a licensee) or someone comes on without any permission (a trespasser). Owners are required to warn others of possible dangers, even trespassers, if it may be proven that you knew someone is likely to trespass on your property.
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Premises Liability Laws in some states focus on the visitor's status on the property.
Licensees need to be warned of hidden dangerous areas, and the owner may not necessarily need to have these areas fixed. Trespassers may recover damages if they may prove the owner knew others would enter his or her property without permission. Even though proper warning signs need not to be placed in the case of trespassers, it is still wise to do so in case children wander onto your property. Children that are injured on your property are more likely to recover damages, even if they are trespassers. This fact increases the property owners duty to warn in the case of children.
The condition of the property and activities of the owners, visitors and licensees are given consideration in some states. Reasonable care must be given to any visitor or licensees, but not to trespassers. Owners must continually inspect property and repair or place warnings on any dangerous conditions. The injured party must show neglect to the standard of reasonable upkeep by the owner to prove a premises liability case and prove the owner had knowledge of the danger. The injured party must also show that they took reasonable care for their own safety. It is very difficult to prove owners knew of dangers and that injured parties took reasonable care to avoid the danger.
Personal Injury Cases
When someone slips on a foreign substance or due to a dangerous condition, and injures themselves when falling, they have a slip and fall Personal Injury case. Common causes of these are icy sidewalks, often in front of a business, or grocery store slips on various food items that have fallen on the floor. Owners of the property may or may not be liable for the damages due to these injuries. Even though they have a duty to maintain the property and exercise reasonable care to protect their consumers and other visitors, conditions of the property should be easily perceptible, as the injured parties have a responsibility to protect themselves against injuries.
The owners or possessors of the property may also avoid liability by showing that the danger had occurred without reasonable opportunity for the owner or possessor to clean up or fix the condition before the injuries occurred. This time frame may vary in each individual case, and it is the injured party that has to establish that the owner or possessor of the property had a reasonable period of time in which to find out about the danger and to place a warning about it or fix the problem.
In any case of animal attack, a Personal Injury attorney is best suited to examine the details in order determine the possibilities of filing a lawsuit to obtain damages from injuries incurred. The laws in each state vary slightly and Personal Injury attorneys experienced in animal attacks understand the intricacies that will determine what is needed to prove negligence.
It is not only dogs that are involved in animal attacks, other animals, such as cats, birds and others, may also attack, causing injuries in which a pet owner may be liable. In addition, there are undomesticated animals, such as reptiles and large cats that can attack, causing liability for their owners. Animal attacks bring injuries ranging from scratches to severe disfigurement as well as the possibility of rabies and other infections. Victims, particularly children, may have severe psychological damage shown in an increased fear of the animal or the situation where the attack happened. Laws regarding animal attacks differ in various areas and states. Personal Injury Attorneys experienced in animal attacks provide accurate advice for individual situations.
Burden of Proof
The victim has two main things to prove in an animal attack. The first is who the owners and keepers of the animal(s) are, and secondly, that they were negligent. The owner may be negligent either by not restraining the animal properly or that they knew, or should have known it was possible for the animal to be dangerous. Victims may recover damages without proving the animal was previously dangerous if it was found that the owner was negligent by not having the animal properly restrained. If the owner knew of the potential danger of the animal to others and did not complete common sense precautions to prevent injuries to others, the owner may be found negligent under any circumstances. Uncontrollable animals must be secured away from the public. A person may be a victim from being frightened by an animal, causing a slip or fall, not being actually touched by the animal. This type of victim needs to be able to prove that the animal's actions caused the injuries by its actions.
Owners of animals considered to be wild, including those in habitats, exhibits and zoos, are usually held strictly liable for any harm resulting from escaped animals. These animals may not be known to be normally dangerous while in captivity, yet it is recognized that they may return to behavior natural in the wild if they escape. If the animal is confined correctly on the owner's property, the owner may not be liable due to a victim's inappropriate actions that lead to an injury. A competent Personal Injury attorney will be able to assist in determining the owner's liability, as each case is dependant on the various factors.
Provocation of animals in any way may lead to denial of any claim for injuries, particularly if they know the animal is dangerous or have been warned of possible danger. Trespassers also may not be able to obtain positive judgments in many states, particularly if there are warning signs on the property.
There are several items that are needed to prove legal responsibility for Personal Injury cases. These include that the owner and/or keeper of the animal knowingly failed to constrain the potentially dangerous animal and the injuries were due to this negligence. Victims also need to show the nature and extent of their physical and psychological injuries. It is still possible to receive some compensation even if there is a possibility the victim partially caused the injury. If a third party was responsible for the injuries, it is also possible in most states to receive compensation from them.