Someone goes to the grocery store and slips on a banana peel in the produce aisle. A person goes to a baseball game and gets struck by a rogue baseball bat that splits in two when it hits the ball. Another person goes to a fast food restaurant for lunch, a drink gets spilled and no one comes to clean it up or put a sign up that the floor is wet and someone slips and falls.
These are just three examples of instances where one might be eligible to file a premises liability lawsuit in Pasco County. If you have been injured due to another person’s property negligence, contact our Paco County premises liability lawyer today for assistance. En Español.
Common Types of Premises Liability Cases
When a slip and fall accident occurs, many victims believe that their injuries are minor unless they sustained a catastrophic injury as a result. When an accident occurs on someone else’s property, many times the place of business or their insurance company will rush to get you to sign a release, waiving your right to file any future claims.
Later on, the victim’s symptoms become worse and they start missing work or school. Expenses begin to mount. Because the victim signed a release, he finds himself without any avenue to pursue damages for the injuries sustained.
The scenario outlined above highlights the importance of seeking professional medical treatment after an accident occurs. Should someone decide to pursue a legal case down the road, having sought out immediate medical treatment will be critical to your case.
Factors for Consideration
Additional factors that will play a large role as well include where the injury occurred, the place of the accident, reasons for the victim being on the premises, the property’s owner, and property insurance policies can greatly impact the way in which one can pursue a personal injury case. A premises liability attorney in Pasco County is helpful in determining exactly what factors can add or detract value from your claim.
State law, specifically as it relates to what were the circumstances under which you were on the property, is important in this situation. There are four labels assigned in this type case:
This is someone who is “invited” to be on the property. For example, a customer in a store. An invitation implies an assurance that the property owner/renter has taken proper steps to make the premises safe.
This is someone who comes onto a property with his own purpose or as a social guest. They are present at the consent of the owner.
A social guest is a welcome visitor to the property.
A trespasser is someone who visits a property without any right to do so. In the case of trespassers, there is no implied guarantee that proper arrangements should have been made to assure the safety of the premises.
Determining Responsibility for Injuries
Many factors go into determining comparative negligence. Even the victim can be held responsible to a certain degree for their injuries. Some examples of situations in which this can happen are:
- Warning signs posted were not heeded
- The type of footwear one was wearing
- What the victim was doing at the time the fall occurred
- Whether the victim was taking medication at the time
- Failing to wear prescription glasses
Because defendants in these type of cases will attempt to put forth evidence to show that the plaintiff was partially, or completely, responsible for their injury, not being able to clearly establish responsibility can greatly affect their claim.
Determining Value of Claim
Damages, or the financial and emotional implications sustained due to the injuries, is the responsibility of the negligent party. Through their homeowner’s or commercial liability insurance policies, damage claims for verifiable injuries can take place, to the extent that they can be proven and only up to policy limits.
When it comes to assigning a monetary value of a person’s injuries, there are many factors to consider. First, one must first assess what “label” applies to the reason they were on the property.
Second, one must determine the liability laws that apply to the case. Third, the extent of the victim’s injuries needs to be determined. Last, it is important to determine who and to what extent one entity or another is at fault.
After assessing your case using the criteria listed above, your Pasco County premises liability attorney you consult will explain your options to you, including whether legal representation is needed so you can make a more informed decision about the right option for you.