Premises Liability Lawsuits - Frequently Asked Questions (FAQs)
Below are answers to some frequently asked questions about premises liability lawsuits (also referred to as slip-and-fall accidents cases).
Q. Who can initiate a premises liability lawsuit?
A. Anyone who has been injured due to negligence of an owner of the premises, as well as next of kin if the injury resulted in wrongful death.
Q. What type of building is subject to a premises liability lawsuit?
A. Any building that exists, or land for that matter, where there is owner negligence. This can be anything from an individual residence to a commercial building.
Q. What is owner negligence?
A. Owner negligence occurs when an owner fails to take proper precautions in maintaining premises so that they are safe for individuals who enter the premises.
Q. Does someone have to be invited to the premises to initiate a premises liability lawsuit?
A. No. Even if someone is trespassing and the area is hazardous, it can still result in a premises liability lawsuit. This is often the case when children are injured or killed in accidents on property that has been neglected.
Q. What type of lawyer will handle a premises liability lawsuit?
A. A personal injury lawyer will be the attorney you will speak to about initiating such a lawsuit.
Q. What will the personal injury attorney look at when reviewing the premises liability lawsuit?
A. The personal injury attorney will look at the damages suffered as the result of the poorly maintained premises and whether or not owner negligence occurred. They will also look to see if the owner was insured and if the insurance covers premises liability. Initiating a suit against an uninsured individual will usually result in a judgment that will never be enforced and may be a waste of time.
Q. The place where I work has toxic chemicals out in the open and I have developed a medical condition because of this - do I have a case?
A. Chances are that you do. Companies that deal with toxins have a duty to inform their employees of the danger and to provide a safe workplace environment for the employees. If your employer has not done that, they have been negligent and may be subjected to a premises liability lawsuit.
Q. A friend of my daughter’s boyfriend came over drunk and uninvited and fell down our stairs. He said he is going to sue us - can he?
A. This depends on your negligence. If your stairs were in good working order and not faulty, then no, he does not have a case. Also, he could be determined to be more than 50 percent at fault for the accident. This will also deter any lawsuit.
Q. How much does a personal injury attorney charge for representing me in a premises liability lawsuit?
A. In most cases, there is no charge upfront, but the attorney will take a percentage of the amount of the judgment awarded in the case. Contact a premises liability law firm to learn more about their fee structure.