Premises Liability Claims
Premises liability claims are those that involve an injury to an individual while on a property owned by someone else. Naturally, the status of the injured individual (whether he or she is an invitee, licensee, or a trespasser) may affect his or her legal rights.
Typically, premises liability claims occur when someone is injured on the property of another due to a dangerous condition on that property (example – a hole in the floor, a slippery substance on the floor, etc.). However, there are other premises liability claims that occur when someone is injured while on the property of another due to inadequate security, or due to an injury from an animal.
In a business setting, where an individual is on property owned or managed by another, the owner of the property generally has the duty to use reasonable care to keep the property in a reasonably safe condition, and to warn guests on the property of dangers that the guests are unaware of or could not see or find with reasonable care. As can be seen, these injuries require a thorough factual and legal analysis. Thus, after sustaining an injury on the property of another, you should promptly contact an attorney as there are issues that will need to be investigated an evaluated. Furthermore, there are important tasks that may need to be undertaken, such as requesting for any security videos to be preserved.
How The Law Offices of Donald M. Kreke can Help You with an Injury You Sustained on the Property of Another
Once you retain us to serve as your attorneys for your premises liability claim, we will seek to obtain compensation for your losses, which may include:
- past and future medical expenses related to the injuries you sustained in your premises liability accident; and
- past and future lost wages associated with your premises liability accident; and
- past and future pain and suffering from the injuries you sustained in the premises liability accident.
Things to Do After Being Injured on Property Owned by Someone Else
Here are some things you should keep in mind after you are injured on property owned by someone else.
- Make your safety and the safety of others your first priority.
- Call the local authorities and report the accident.
- Report the accident to the owner of the property.
- Obtain an accident or incident report from the owner of the property.
- Call for medical assistance, if needed.
- Cooperate with the local authorities and other first responders during their investigation of the accident.
- Do not make statements that are outside of your expertise.
- Take photographs of the accident scene or what caused your injuries.
- Take photographs of your injuries.
- Get the name, address, telephone number, and insurance information of the person or people who caused the accident.
- Get the name, address, and telephone number for any people who witnessed the accident.
- Keep all proof that you were on the property at the time of the accident. For example, if the accident occurred in a store and you purchased something in the store, keep the receipt.
- Do not provide a written statement to the owner of the property.
- Do not sign any documents related to the accident unless they are from the local authorities, your attorney, your insurer, or your medical providers.
- Upon leaving the scene of the accident, seek medical assistance, if needed.
- Preserve the photographs you took and the documentation you acquired related to your accident. You will want to share those articles with your attorneys.
- If a representative of the owner of the property calls you, do not talk to him or her. Rather, refer that person to your attorney.
We will attempt to secure a recovery from the owner of the property where your accident occurred.
In doing so, we will fully investigate and otherwise work on your claim by doing the following:
- Obtaining all accident and incident reports.
- Inspecting the site of the accident.
- Identifying witnesses and taking their statements.
- Securing and seeking to preserve any evidence that may be destroyed or lost.
- Collecting any and all photographs of the scene of the accident and your injuries.
- Working closely with various experts or consultants.
- Speaking or otherwise negotiating with representatives of the owner of the property or their insurance company or attorneys.
- Obtaining all of your medical records and bills.
- Preparing and sending a demand to the owner of the property or his or her insurer.
- Attempting to settle your premises liability claim on favorable terms.
- If necessary, filing a lawsuit against the at-fault party.
We may also seek opinions from consultants and/or experts regarding:
- How the accident occurred, what caused the accident, etc.
- Your medical issues, including the injuries you sustained, the severity of your injuries, whether your medical care after the accident was reasonable and necessary, what type of medical care you will need in the future, etc.
- Issues related to your lost wages and ability to work in the future, and in what capacity.
- Issues related to quantification of your damages.
Each case is different, however, and other experts or consultants may be needed.
If you happen to be married at the time of the accident and your spouse’s relationship has been affected by your injuries, we can represent your spouse too. In that case, we would seek to get compensation for your spouse for his or her loss of love, affection, services, etc. due to the accident.
Have You Been Injured While on Property Owned by Someone Else?
Call The Law Offices of Donald M. Kreke today for a free consultation regarding your premises liability claim. If you are injured and unable to come to our office, we will come to see you.
Other Legal Matters Handled by The Law Offices of Donald M. Kreke
In addition to premises liability claims, The Law Offices of Donald M. Kreke handles other legal matters including: personal injury matters (including, but not limited to, truck crash claims, automobile accident claims, motorcycle wreck claims, boating collision claims, claims against cruise lines, slip and fall accident claims, negligent security claims, dog bite claims, and defective products claims), property insurance claims – both residential and commercial – and inception claims, and supplemental and re-open claims (including, but not limited, broken pipe claims, fire claims, flood claims, hail claims, hurricane claims, mold claims, roof leak claims, sinkhole claims, storm claims, tornado claims, vandalism and theft claims, water claims, wind claims, loss of business income claims, and extra expense claims), bad faith insurance claims, property damage claims, collection matters, criminal defense matters, traffic offenses (including speeding tickets), claims against insurance brokers and/or agents, medical malpractice claims, nursing home claims and elderly abuse claims, and matters involving contract disputes. We also assist clients with reviewing and drafting contracts. If your legal issue or matter is not listed above, please contact us. We may be able to help.