If the property is found to be unsafe for visitors, then an injured person has the right to file a lawsuit against the property owner.
The Doctrine of Premises Liability
In the United States, premises liability is a legal doctrine that says a property owner is obligated to keep their property hazard-free and safe for visitors. It is important to have a firm grasp of premises liability if you’ve been hurt on another’s property. Read on to understand this important legal doctrine, how it can affect your life and how an attorney can help.
The Roeser Law Firm in Washington, D.C.
You’ve been injured on another’s property and wondering if you can take them to task for causing your injuries. The answer is yes. The Roeser Law Firm has been successfully helping residents of Washington, D.C. and Maryland do just that. Our legal team investigates your case and determines if liability exists. If so, they work hard to ensure that you get the compensation you deserve. Reach out to us at (202) 660-4070 as soon as possible after your accident. Don’t let valuable evidence disappear.
What Happens If a Property Is Not Safe for Visitors?
If the property is found to be unsafe for visitors, then an injured person has the right to file a lawsuit against the property owner. Some types of premises liability are:
- Trips and falls
- Slips and falls
- Escalator and elevator accidents
- Chemical accidents
- Swimming pool accidents
- Poor pavement conditions
- Accidents due to poor lighting
- Inadequate security
- Supermarket accidents
- Gym accidents
- Hotel accidents
- Construction accidents
- Commercial accidents
- Government building accidents
What Needs to Be Proven?
- It must be shown that the defendant owns, leases or controls the property.
- The property owner, lessor or controller must owe a duty of care to the injured party.
- When this duty of care is broken, negligence must be present and have been responsible for the person’s injuries.
- Injuries must occur that cause financial harm to the injured party.
- There must be a link between the negligent actions and the person’s injuries.
How Long Do You Have to File a Claim in a Premises Liability Case?
In personal injury cases, there is always a period of time within which you must file for your case to be heard by the court. This is called the statute of limitations. The extent of the statute of limitations in Washington, D.C. is three years. The same limitation exists in Maryland. In the event that the person attempts to file after the three-year period has expired, the court will not hear the case. Note that the three-year period begins after the date the accident happens or the date the person realizes the extent of the injury.
How an Attorney Can Help
Your premises liability lawyer can help by investigating the accident and confirming that liability exists. Investigators do this by examining the premises, checking video cameras in the area and obtaining footage, interviewing witnesses and reviewing accident reports for mistakes. It is also important to determine if the same or similar accident happened in the past and what reparative measures were taken.
Roeser Law Firm
If you’ve been injured due to a premises liability accident, you have the right to recover financial damages. In some cases, a settlement amount is offered and accepted. Your attorney will caution you to not accept a low or inadequate settlement since once that occurs no future medical care, albeit necessary, will be covered. Call us at (202) 660-4070 to schedule a free case review or contact us online. Don’t suffer physical and financial injury. Let us help you obtain the compensation you deserve.