Nobody would happily endure the pain and sufferings from an injury, and that too when it is due to someone else’s negligence. If someone happens to be injured while on somebody else’s property, the claim for compensation is referred to as premises liability.
In fact, injuries sustained at premises that haven’t been cared for entitle you to claim compensation. However, your claim is limited by certain circumstances.
Admission Rights
The foremost consideration when filing for a premises liability claim is your rights for admission to the premises. For example, if you’ve been invited over by the owner or the tenant of the property, you stand a strong chance for receiving fair compensation for your pain and suffering. Whereas, if you were trespassing on the property then most certainly your claim would be denied. And not only that, but you may also have to bear a fine for trespassing the property. So, before filing any claim for premises liability, you must consider your own situation and justify your reason for being on the property.
The Host Of The Property
Regardless of the ownership, the person who hosts a property for general or invited guests is usually held responsible. In other words, as the experts at McMath Woods P.A. suggest, if you happen to trip and fall on the staircase of a house then the person hosting you in the house is liable for your injuries. Now, it does not matter whether the host is the owner or a tenant at the property. As long as they are staying at the property, it is their responsibility to maintain the property and make it safe for everyone who uses it.
Condition Of The Property
Another factor that the court or the claim adjuster would consider is the condition of the house. As already mentioned, the person staying at the property is usually considered liable for maintaining it, but this is not the case always. In fact, under certain circumstances, such as a legal contract between the owner and the tenant, there might be clauses protecting the tenant from any liability if the property is damaged. For example, a tenant may be held responsible for someone sustaining injuries due to slipping over ice on the front porch. But they may be excused if the stairs are broken and cracked. In short, the condition of the property helps decide who should be held liable for the injuries sustained at premises.
With several factors playing a decisive role in establishing the liability of the claim, determining who should be held responsible for the injuries is not an easy task. It is, therefore, advised that you must seek legal advice from a lawyer with exceptional experience in handling premises liability cases. It would ensure that you receive your well-anticipated compensation against your personal injury claim. Perhaps, your claim should include your medical expenses, loss of wages, and any other damages that you may have to suffer because of the injury. After all, you should not have to suffer because of the negligence of others.
