There are instances when a property owner is liable for injuries you encounter on his or her property. Known as premise liability, the owner may be liable if the conditions of the property were what caused your accident. But, simply being injured is not enough. You must first prove a few factors and your attorney will need to decide whether or not the property owner is the right party to sue.
Were You Trespassing on the Property?
If you were trespassing on the property or were not welcomed, you may not be able to recover all of your damages. While the homeowner is required to keep a specific level of safety on the property, it can be more difficult proving your case when you were on the property without permission. In these situations, it is best to consult an attorney.
Identifying the Property Owner
In order to sue the property owner, you must determine who the property owner is first. Sometimes the person living in the home or on the property is not the owner. Other times a government agency may own it; therefore, identifying the legal owner of the property is crucial first.
Violating Safety Laws
Was the owner violating any known safety laws? For example, the owner is required to remove ice and snow by city laws, but did not; therefore, they can be held liable for any injuries people encountered.
Was the Property Owner Aware of the Dangerous Condition?
To prove your case, you must also prove that the owner knew about the dangerous condition and ignored it. Even if the owner did not know, you may have a case. But, you may not be able to recover the same amount of damages as if the owner knew the dangerous condition existed and failed to repair it. Property owners do have a duty of care with their properties; therefore, they are required by law to repair dangerous conditions once they are made aware of it.
Injured on Someone’s Property? Contact a Personal Injury Attorney
If you or a loved one was injured on someone else’s property, you will need to contact an West Palm Beach personal injury attorney. Only a personal injury attorney can determine whether or not you have a case. Contact the law team at Scott J. Sternberg & Associates today for a free case evaluation and see if you have a premise liability case.