Finding the Right Premises Liability Claim Lawyer
Suffering an injury on someone else’s property can leave you feeling like your life has been turned upside down. Regardless of the cause, a preventable accident can take a major physical, emotional, and financial toll on you.
At times like these, having strong legal counsel is essential to ensure your rights are protected and that you receive the compensation you deserve. At Kennon Law, we bring over 30 years of combined experience to the table, advocating for individuals harmed by unsafe conditions.
We’ve successfully helped clients recover the resources they need to move forward. With a personalized approach to every case, our team is ready to guide you through the legal process with clarity and confidence.
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Understanding Premises Liability
Premises liability law is designed to hold property owners and managers responsible for making sure their property is kept in a safe condition. When they don’t do this, and if someone gets hurt because they didn’t fix a known problem, the injured person could have grounds to file a premises liability claim.
Premises liability cases cover a wide range of accidents, such as:
- Slips and Falls: These often happen on wet floors and uneven surfaces or because of poor or insufficient lighting
- Swimming Pool Accidents: These can happen due to unsafe pool conditions, such as lack of proper fencing or supervision
- Injuries Resulting From Poor Security: Failure to provide adequate security may allow someone to get hurt during a criminal act
- Injuries From Structural Defects: Problems in a building, such as defective staircases or broken railings, can cause injuries
- Animal Attacks: Incidents involving dangerous or uncontrolled pets, often dogs, can cause lasting physical and psychological damage
Property owners, landlords, tenants, and property managers can all be held liable under premises liability laws, though it depends on the specific circumstances.
As an example, suppose that a landlord didn’t fix a broken staircase, or a store owner didn’t clean up a spill in a timely manner. Both are common scenarios that could cause someone to get injured on the property.
These types of cases tend to be complicated. Anyone filing a case will need a thorough understanding of the law and strong evidence to prove their injury was caused by the unsafe conditions. An experienced premises liability lawyer can help you through this process and make sure your rights are protected.
Proving Negligence and Harm
Premises liability claims hinge on being able to show that the property owner or manager was negligent. But what does this involve, and how do you make sure your case stands up in court?
Property owners have a legal duty of care to keep reasonably safe conditions for visitors. The extent of this duty can vary depending on the type of visitor:
- Invitees: Customers or clients who enter a property for business reasons are owed the highest duty of care
- Licensees: Social guests or others who are there with permission are also owed a duty of care, though to a slightly lesser extent
- Trespassers: Generally, property owners owe minimal duty to trespassers
For a successful premises liability claim, you’ll need to prove four main elements:
- The unsafe condition directly caused your injury
- A hazardous condition existed on the property
- The property owner knew (or should have known) about the condition
- The property owner didn’t take reasonable steps to fix or warn about the danger
You also have to be able to show the extent of the harm you’ve suffered. Depending on the circumstances, your case may involve past and future medical costs, lost wages, emotional distress, pain and suffering, or maybe even property damage.
Strong evidence can make or break a premises liability lawsuit. Make sure to collect as much evidence as you can, such as:
- Pictures and video of the unsafe conditions and injuries
- Witness statements
- Incident reports
- Hospital records and bills
- Surveillance footage (if available)
To build a strong claim, you need attention to detail and a strategic approach. A skilled premises liability lawyer will see to it that all of the evidence is gathered and presented well to improve your chances of winning your case.
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What to Look for in a Premises Liability Lawyer
Choosing the right premises liability lawyer is one of the most important decisions you’ll make. A good attorney can be the difference between a relatively easy win and a frustrating legal battle. But what should you consider as you make your choice?
Knowledge of the Law
Premises liability laws can be different from one jurisdiction to another. An attorney with solid knowledge of local regulations will be better equipped to put together a strong case and deal with any legal challenges that might come up.
Experience and Track Record
Look for a lawyer with a background in premises liability claims and a proven track record. Ask about their past cases and how they turned out, especially those that involved situations similar to yours.
Personal Attention
Your case is unique, and it deserves to be treated as such. Avoid lawyers who treat you like a case number and instead opt for one who will take the time to understand your situation, answer your questions, and keep you informed throughout the process.
Strong Negotiation and Trial Skills
Most premises liability claims are settled out of court, but if negotiations fail, your lawyer should be prepared to take your case to trial. Make sure they have the courtroom experience needed to advocate for your interests.
Questions to Ask a Premises Liability Lawyer
When you’re looking for the right attorney, don’t be afraid to ask questions to help you decide whether they’re the best fit for your case.
What’s Your Experience With Premises Liability?
A lot of attorneys handle personal injury cases, but a premises liability claim lawyer has specific legal knowledge. Ask about their familiarity with cases like yours so you know they understand what’s involved, like proving negligence and dealing with property owners and their insurance companies.
How Many Premises Liability Cases Have You Resolved?
Besides experience, you’ll want an idea of the lawyer’s track record. Successful outcomes, whether through settlements or court decisions, show their ability to get results for their clients.
What Issues Do You Foresee in My Case?
Every case will have its challenges, and an experienced lawyer should be able to see them ahead of time. Their answer will give you some insight into their thought process and how they plan to tackle your claim.
Will You Handle My Case Personally?
At large law firms, cases are often passed off to junior attorneys or paralegals. Make sure that the lawyer you’re speaking with will personally handle your case or, at the very least, be directly involved in major decisions.
What Are Your Fees and Payment Structure?
Most premises liability attorneys work on a contingency fee basis, which means they only get paid if you win your case. However, you’ll still want a clear idea of their payment structure, including any upfront costs or additional fees if the claim goes to court.
How Do You Communicate with Clients?
You’ll want to be in regular contact with your attorney so you’re aware of how your case is going. Ask how often you can expect updates, who you’ll be talking to, and the best way to reach your lawyer if you have any questions or concerns.
Next Steps in Your Premises Liability Case
Once you’ve hired an attorney, they’ll help you through the next steps of your case. While every situation is different, the overall process is generally the same.
Your lawyer will start by investigating your case. They’ll visit the accident site, take pictures, talk to witnesses, and get a hold of any available surveillance footage. They may also collect medical records, police reports, and other evidence to help build a strong case.
They’ll then focus on proving liability by showing the property owner was negligent. This will require showing that the dangerous condition existed, the owner knew (or should have known) about it, and they didn’t take care of the problem quickly.
Your lawyer will file a premises liability claim against whoever is responsible for your accident. This usually involves submitting a demand letter to the property owner’s insurance company detailing the facts of the case, the extent of your injuries, and the compensation you’re seeking.
Most of the time, claims are settled through negotiations with the insurance company. Your attorney will advocate on your behalf for a fair settlement that will cover your medical costs, lost wages, and other expenses.
If a settlement can’t be reached, they’ll take the case to court and file a lawsuit. It can be time-consuming, but sometimes, it’s the best course of action.
Common Mistakes to Avoid in Premises Liability Cases
After the dust has settled around your slip and fall accident and you’ve addressed your immediate medical needs, it’s time to hold the at-fault parties accountable.
Make sure you notify the property owner or manager and ensure that you obtain contact information for any potential witnesses. Gather whatever evidence you can, including photographs of the hazard that led to your slip and fall accident.
Next, you need to connect with a reputable fall lawyer. The fall lawyers at Kennon Law can assist with your slip and fall case. We will provide a free consultation and help you hold the at-fault parties accountable. Our firm uses a contingency billing model, which means you don’t pay us anything unless we win your case.
After you hire Kennon Law, we will review witness statements and gather evidence to support your claim. We will negotiate with the insurance company on your behalf and strive to resolve your fall accident claim as quickly as possible so that you can receive the compensation you need to move on with your life.
However, if the insurance company refuses to negotiate in good faith, Kennon Law will take your slip and fall case to trial. Our team is committed to representing fall victims in their fight for just compensation.
Not Collecting Evidence
Strong evidence is the backbone of a successful premises liability claim. If you’re able to, take pictures of the dangerous condition, your injuries, and the surrounding area immediately after the incident. Also, make sure to get contact information from anyone who saw it happen.
Giving Statements to Insurance Companies
Insurance adjusters might try to contact you for a statement, but it’s best to avoid talking to them until you’ve hired a lawyer. They could use anything you say against you to reduce your payout or flat-out deny your claim.
Settling Too Quickly
It can be tempting to take the first settlement offer, especially if you’re dealing with financial strain – and that’s what the adjuster is counting on. Initial offers tend to be far lower than what you deserve, so always talk to your lawyer before you agree to any settlement.
FAQs
How Much Are Most Slip and Fall Settlements?
Settlement amounts in a slip and fall claim can range from a few thousand dollars to millions of dollars. The amount of compensation you obtain in a slip and fall accident will vary depending on several factors, including the quality of the evidence and the level of negligence the private property owner exhibited. Comparative negligence also influences your ability to obtain compensation.
How Long After a Fall Can You Make a Claim?
According to Florida law, an injured person has up to four years to make a slip and fall claim. However, if you or a loved one has suffered fall injuries, it’s important to initiate the claim as quickly as possible. The sooner you speak to a slip and fall attorney, the easier it will be for them to track down witnesses and obtain evidence to support your case.
What Injury Is Most Commonly the Result of a Slip and Fall?
Slip and fall accident injuries tend to include bruising, broken bones, and spinal cord injuries. Traumatic brain injuries (TBIs) are also a possibility if your head impacts the ground during your fall accident.
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Have questions or need legal assistance? Contact Kennon Law today for expert guidance on personal injury and insurance claims.
