That little slip in the grocery store can have big consequences. Accidents occurring on the premises of grocery stores, shopping centers, hotels, apartments, office buildings, and other facilities are a major concern for property owners. Owners and facilities teams have a big legal responsibility to someone who has been injured when the property played a role in how the injury occurred. There are a variety of accident events that are included in Premises Liability Cases such as slips and falls, construction zone injuries, falling equipment, chemical burns, sharp object wounds, pool accidents, animal and human attacks, security issues, and other related trauma.
So what do you need to claim Premises Liability Case?
1. Were you lawfully on the property?
Was the injured party allowed on the property? If they were not allowed on the property legally, then any harm suffered could be ruled out as incidental.
2. Presence on property expected
The claimant should have been expected on the property when the incident occurred. In the case of a mall or restaurant, the claimant should not have suffered the injury after hours or if the property was closed during expected renovations or repairs.
3. Property owner’s knowledge of the dangerous condition
Was the property owner reasonably aware of the conditions that caused the accident? Some of these cases can be especially clear-cut when there have been previous complaints about the site, for example, when an assault happens in an apartment building with known broken or defective locks. If you have questions about how to prove prior knowledge, talk to a lawyer.
4. Proof that despite such knowledge the property owner did not act
There should be proof that the property owner knew of the danger, yet did to act. For example, this could be a situation where inadequate lighting added to the danger of a slip & fall or perhaps a place where a leaky pipe has been inadequately repaired leading to a fall. Again, documentation of these situations can make or break a case.
5. The injury suffered was due to the negligence of property owner
There should be proof that the dangerous condition should have been fixed by the property owner. Did the hazardous condition exist long enough that a reasonable owner or employee should have taken action to eliminate the threat?
6. Proof that the accuser suffered harm
There needs to be proof of the injury that the accuser has sustained. This should ideally be a medical report by a certified physician and there should also be proof that the accuser suffered the injury due to the dangerous condition on the property.
D+Z: Experienced Personal Injury Attorneys In Massachusetts & Rhode Island
If you have been injured in an accident, please contact us to speak with an experienced attorney. Dussault & Zatir P.C. lawyers are on call at +1-800-542-4LAW to answer your personal injury questions. With offices in New Bedford, Fall River, and Taunton, Massachusetts, as well as an office in Providence, Rhode Island, if you’ve been injured, our lawyers are here to fight for you.
The Law Offices of Dussault & Zatir
*The above is not to be considered as legal advice. Every case is different and the laws which apply may differ from state to state.