When you enter property owned or managed by someone else, that other person has a legal duty to keep you reasonably safe from harm as long as you are legally on their land. If they fail to do so and you suffer injuries as a result, you may have grounds to file suit against them under what is known as premises liability law.
While certain aspects of premises liability cases work similarly to other personal injury claims, there are many unique components that you may want to discuss with a seasoned attorney. With help from a knowledgeable Creve Coeur premises liability lawyer, you could put yourself in a much better position to hold the negligent property owner at fault for your injuries and seek comprehensive restitution from them through a private settlement or civil court case.
Importantly, state law establishes that in the event a legal visitor to someone else’s property suffers an injury, the party liable for that harm would be the manager of the property at the time the visitor was present there, not necessarily the property’s owner. For example, if someone gets hurt by a falling display rack in a retail store, the defendant in an ensuing civil claim would likely be the person responsible for day-to-day management and upkeep of the store, rather than the owner of the building in which the store was housed.
In order to protect legal visitors from harm, a property owner must use ordinary care to ensure their property is in good condition and free of hazards. Generally, this means they must regularly inspect their property and take reasonable action to remedy any hazards they become aware of or reasonably should have known about.
If a property manager fails to fulfill their duty of ordinary care, they can be held financially responsible for injuries a visitor suffers from a dangerous condition that the manager should have known about and addressed. A local property liability attorney could help an injured plaintiff identify who should bear liability in their circumstances and what their options may be for filing suit against them.
A successful premises liability lawsuit can pursue restitution for both economic and non-economic forms of harm the claimant suffered because of their accident. Economic damages are objective in nature and have specific values that can be supported with bills and receipts, and typically center around medical expenses, lost work wages, and repair bills for damaged personal property.
Conversely, non-economic damages are those that do not have objective dollar values and instead must be quantified on a case-by-case basis. These types of damages can include loss of consortium, loss of enjoyment of life, loss of personal opportunities, and the permanent impact of a disability stemming from the accident in question. A skilled lawyer in Creve Coeur could help someone harmed on another person’s property calculate their non-economic losses.
Recovering civil compensation following an accident on someone else’s property is rarely a simple or straightforward matter. Property owners and managers go to great lengths to avoid bearing liability for injuries suffered by customers and other visitors, and they often retain skilled legal teams to help them do so.
Retaining a seasoned premises liability lawyer of your own could help put you on the right track toward civil recovery. Call today to learn how a dedicated attorney could help you with your potential claim.