 |
 |
 |
|
|
|
|
|
|
 |
|
|
|
 |
|
|
©2006, by Lee Tarte Wallace
Is the property owner liable for what happened to me?
If a property owner has reason to believe that someone might get injured on his property, then it simply stands to reason that he ought to take reasonable steps to keep people from getting hurt.
For example, an apartment owner who knows a rapist is frequenting the complex ought to make sure the window and door locks work on the apartments. If a property owner has dug a big hole right where the school kids play, and he knows that over the summer ivy has grown over the hole and hidden it, then he ought to fill in the hole, or at the very least cut the ivy off or put up a warning sign. A motel owner ought to make sure the spare keys to the rooms are kept in a safe place; if the keys are stolen, the motel owner ought to change the locks. A restaurant ought to make sure that the parking lot lights are working.
How do I win a premises liability suit?
To win a premises liability suit, you will need to prove three things.
(1) Liability.
To win a lawsuit, you must show that the property owner is legally responsible for what happened. In premises liability cases, this issue is usually hotly contested.
(2) Causation.
To bring your suit successfully, you need to show what is known as “causation.” Causation is the legal term that means you have to show a connection between the wrong that someone did and the harm that occurred to you. Sometimes the link is very clear. For example, if you fall into an uncovered hole, you can easily show that the fall broke your spine.
(3) Damages.
You will have to show that what happened caused you damages. What damages you can recover depends on what state you live in and the law governing your type of injury. To find out more, you will need to contact a lawyer.
What are my damages?
What damages you can recover depends on what state you live in and the law governing your type of injury. Typically damages include such things as lost wages, medical bills, pain and suffering, and what lawyers call special damages. Damages also may include amounts that you expect to lose in the future (for example, surgeries that you will have to have in the future, or future lost wages if you cannot go back to work yet). Some states also allow punitive damages in certain, limited circumstances, although the amount of such damages may be capped. To find out what damages may apply to you, you will need to contact a lawyer.
What you need to do right away
Don’t blow your case. You can take steps now to make sure you have the evidence you need and are prepared to bring your case. Reading the following pages on our site is a good start: What You Can Expect, How to Pick a Lawyer, Don't Blow Your Case, Free Case Review and About Lee Wallace.
© 2007, Lee Tarte Wallace
The contents of this page: (a) should not be considered or relied upon as legal, financial or other professional advice in any manner whatsoever, and (b) may be considered advertising under some state’s Bar Rules. Unless otherwise stated, no article or text at this Internet site is, has been, or will be updated or revised for accuracy as statutory or case law changes following the date of first publication. Always consult with your lawyer and/or your other professional advisors before acting.
|
|
|
|
|
|
|
 |
           
|
 |
|
|
|
|
|
|
|
|
 |
|
