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Do I Have a Case if I was Injured on Someone Else's Property?
Were You Injured on Someone Else's Property?
This area of law is usually referred to as ‘premises liability’.
The owner, manager, or resident of a property may be held responsible for the safety of his/her property to a certain degree.
There are multiple factors that play significant roles in whether and to what amount the person and/or entity responsible for a piece of property is liable for an injury on their premises.
- What type of property was it? (Home/Residence? Place of business? Government/Public property?
- How open to the public was it?
- What was the risk? (i.e. – the situation that caused the injury).
- How long was the risk existing before you were injured by it?
- What, if anything, did the responsible party do to make the area safe?
- What were your injuries?
- Did you miss work as a result of the injury?
- How long will your injury impair your abilities?
Multiple Defendants?
There may be more than one source to seek restitution from, for you. If the occupier of a particular piece of property is someone other than the property’s owner. And/or if another party was responsible for cleaning or taking care of the property or area you were injured, there could be multiple possible defendants.
Uniquely Short Deadlines
Additionally, if you were injured on Government grounds, there may be uniquely short deadlines (Statutes of Limitations). Notice Requirements Prior To Filing Suit - Depending on the type of property/defendant (Government or Health-care provider), along with unique deadlines, there may be certain rules regarding what must occur prior to a complaint being filed.
Below are a few of the issues and areas that will affect each premises liability accident case:
- The Medical / Health-care related bills of the injured person
- Physical therapy bills of the injured person
- Income that has been (and will be) lost as a result of being injured from the boating accident
- How much pain and suffering has the person injured in the boating accident suffered?
If the injuries suffered as a result of a known dangerous condition on someone else’s property, are going to be “long-term” the victim of the accident may also be able to claim damages for:
- Loss or reduction of the capacity (ability) to earn future earnings
- Longer-term medical care
- Physical Therapy if needed
- Compensation to the victim for any disfigurement or permanent scarring, etc.
When a responsible party fails to reasonably correct a dangerous condition they knew about, or reasonably should have known about, they can be held responsible for: all related hospital/health-care expenses; all lost income as a result of the injury; any damage to your personal property; the decrease in future productivity, as well as the pain and suffering the injured party goes through in recovering from the injury.
An example of the injuries that can occur include (but are not limited to):
- Broken bone(s)
- Sprain(s)
- Concussion
- Brain injury
- Spinal cord injury
- Contusion
- Laceration
- Neck injury
- Back injury
- Ligament injury
- Tendon injury
- Puncture wound(s)
The injured person/party may suffer one or more of these injuries, some can be life threatening and possibly hinder the injured person for a long time, if not for the rest of their life.
There are multiple factors that play an important role in the outcome of a case, and affect the compensation the person injured on someone else’s property (or their family) will receive.
Have you or a loved one been injured by someone else in a boating accident? Has the injured person incurred medical or hospital bills? Has the person lost income as a result of the injuries from the boating accident?
What is the first thing to do if I (or someone I know) has been injured on someone else’s property?
- To protect your case, it is best if you speak with an attorney as soon as possible. Not only is the consult FREE, but if you do decide to have an attorney represent you, the attorney only receives a fee when and if the attorney recovers for you.
- If you try and represent yourself you will need to create a list the names of any/all people that you think could be a witness (People move or memories fade. Getting a list of names and statements sooner than later can be crucial)
- Subpoena any and all evidence (videos, forms, etc.) that may contain information of the event
- Make sure you do not make any statements regarding the event
- There is a long list of do’s and don’ts. Not only is the list too long to include here and each case is different, but legal advice cannot be conveyed via this website.
Call the Law Offices of Gregory A. Montegna at your earliest convenience. We can answer many of your questions and give you an idea of the value of your case. We’re willing to try and accommodate you. We can talk with you over the phone, you are welcome to come into our office, or we can meet you and your family at a location that works for you.