A Premises liability claim is not only filed against landlords of houses you move into. They can also be filed against negligent owners or managers of random properties, restaurants, or shops that you visit.
Most importantly, the property owner of any house or building you move into owes you the responsibility of safety. This responsibility is met by ensuring the property is safe and in good condition enough to live in.
Ignoring the warning signs from any part of his building is negligence of that responsibility. The cost of his negligence would be bearing the liability of any personal injury that comes to you.
You might be wondering who should be held responsible when filing your premises liability claim. The answer you’re looking for is right here. Property owners, managers, or caretakers of the said property are to be mentioned in your claim.
In most cases, the liability still falls back to the property owners. This happens even though they had left the property in the care of estate managers or caretakers. This is where a premises liability lawyer comes in.
They are professionals at their job and would help represent you legally to the full extent of the law. They are the ones who would present an argument valid enough to defend your claim. Their job is to ensure that you are duly recompensed for all the harm and medical bills.
You can fill out a Power of Attorney General Form to authorize your lawyer to act on your behalf while you recover. These forms can be gotten from sources online or picked directly from a lawyer. Just choose the one that best fits your situation.
What You Should Know About Filing a Premises Liability Claim
Before you begin the process of filing your premises liability claim, you would want to know all that it entails. It is not a process that you should go through without being well-informed.
Below is a list of things you should know before filing a premises liability claim:
1. The Presence of a Lawyer
Before filing a premises liability claim against your landlord, you have to be legally ready. Bear in mind that you are not the only one with a lawyer. Your landlord must have been working with an estate planning lawyer over the years. His lawyer will also have the power of attorney to act on his behalf.
Having this in mind prepares you for the legal processes you would have to go through. Your claim will have to be proven before you get your compensation. Do not fail to reach out to a landlord and tenant lawyer to walk you through the processes.
A premises liability lawyer will see to it that your claim is well-presented and defended. In a situation where the landlord refuses to comply, your lawyer can go further to sue. Prepare yourself for the possibility of your landlord taking a defensive stance.
2. Keep Proofs Available
If you truly want your claim to be taken seriously, you need to keep lots of proof. The more proof you have, the better. Keep your medical records available, and take photos of the surroundings where it happened.
Do not fail to take pictures of the injury too as you sustain it. Video Footage of the incident and testimonies of witnesses if there are any, will give you added advantage. Just ensure you prioritize keeping proof of the incident as it happens.
If the injury you sustained is too severe to let you do any of these, then let someone else do them for you. Just ensure that it is someone close or trusted. Your landlord and tenant lawyer can also help out here.
There will also be a need to prove the ownership of the property. Due documents will have to be presented in court to show that your landlord owns the property. If an agreement was signed during leasing, keep it handy too.
3. The Role of the Law Enforcement Agency
Depending on the kind of accident you sustained within the premises, the police might get involved. This is not bad for you as their presence guarantees a more effective investigation.
The police warrant has lots of advantages. It can give access to places that might take the legal team a long time to access. The presence of police officers sometimes compels more cooperation from the public.
If your injury happens to be a very serious one, the police will get involved in gathering evidence. This will also ease the process of presenting proofs for you, and further promote your claim.
The involvement of the police will also attract the attention of the public. This reduces the chances of your landlord refusing to take responsibility. The involvement of the law enforcement agency, in this case, is in your favor.
4. Faults will be proven
The proofs you provide are not just to prove that your landlord is at fault. They will give you a good stand in court with your claim, but that is not all there is to prove. Your role in the incident will also be investigated.
This should tell you that you are not only pushing to prove that the property owner is at fault. You have the responsibility of proving that you did not play a role in the incident.
The level of your fault in the whole incident as decided by the law court plays a vital role for you. It will determine the amount of compensation you receive. How well you can prove that you are not at fault, depends largely on your premises liability lawyer.
5. The Inclusions In Your Claim
We have only talked about the compensation for the physical injury, but that is not all your claim covers. A premises liability claim also demands compensation for other damages that might come to you. This includes emotional, mental, or psychological harm.
If you suffer from post-traumatic experiences due to the incident, it should be included. Your landlord is not responsible for just the medical bills. He is also responsible for the fee you pay for therapy sessions.
Whatever expense is made due to the incident within his premises, is to be included in your claim. Get the necessary enlightenment you need from your lawyer. Your claim should not have any damages left out.
The direction of whom to name in your premises liability claim has already been given. This is a central part of your claim. Your landlord or property caretaker is to be mentioned as liable. This is on the ground that you suffered a personal injury within the premises due to their negligence.
Filing a premises liability claim is not an easy task to execute. It can be demanding because of the follow-up processes that come with it. But with the right guidance and premises liability lawyer, You will have a less hectic experience. Just ensure to prepare your mind for the processes ahead, and get you a good lawyer!