Many different types of personal injury cases can be classified as premises liability cases, including:
- fires, explosions or electrocutions;
- negligent security at hotels and bars resulting in violent crime;
- porch or other structure collapses;
- elevator and escalator injuries;
- injuries at camps, health clubs, and places of amusement;
- injuries at swimming pools;
- injuries from snow and ice;
- dog bites and other animal-related injuries;
- defects in stairways and walkways resulting in falls;
- slips, trips, or falls in stores or supermarkets;
- mold or other toxic injury;
- injuries to tenants and their guests in rented space or common areas;
- slip and fall cases;
- snow and ice accidents;
- inadequate maintenance of the premises;
- defective conditions on the premises;
- inadequate building security leading to injury or assault;
- elevator and escalator accidents;
- water leaks or flooding, and
- toxic fumes or chemicals.
Premises liability cases include a wide range of fact scenarios. Even dog bite cases fall under the umbrella of premises liability because they involve an unsafe condition on someone’s property (the presence of a potentially dangerous dog).
Here is how a premises liability case works:
The first steps in your case will be for your attorney to investigate your accident. He obtains evidence proving the other party’s negligence, and collect your medical records, medical bills, wage loss documentation, and other proof of your damages. This will help him to evaluate the strength of your claim and how much your claim is worth.
Maximum medical improvement
Your maximum medical improvement is the stage in your medical treatment where you have recovered as fully as possible. You need to reach this stage before moving on with the settlement of your claim to be certain that you know your prognosis and what future medical and wage loss damages you will incur. This is so that these amounts are included in the settlement.
Your attorney will send a demand package to the insurance adjuster outlining the other party’s negligence, your injuries, your medical treatment, and the amount you are entitled to in settlement. Then there will be a period of negotiation where your lawyer would try to settle your claim without the need for litigation.
If your attorney is unable to settle your claim or the statute of limitations to file a lawsuit is about to expire, he will file a complaint and litigate your case. Once the answer to the complaint is filed, your attorney will engage in a lengthy discovery phase where written questions are answered, documents are provided pursuant to requests for production of documents, and depositions are taken. He will also try to settle your case at various times, and at some point it will most likely be resolved. If not, your case would be decided at trial.
Like anything in law or life in general, getting to a successful result in a premises liability case is not always simple, and it certainly should not be viewed as simple by your personal injury lawyer. Successful prosecution of a property-related accident case requires knowledge, resources, and experience in the multiple legal specialties and sub-specialties involved in bringing such cases.