Accidents can happen anywhere. Falls, lacerations from sharp objects, or exposure to dangerous chemicals on another person’s property could all lead to serious injuries. When these hazards are present due to the negligence of the property owner or manager, a caring personal injury attorney can help you hold them accountable.
It takes a thorough investigation by a legal professional to determine if you have a viable claim. A Bridgeport premises liability lawyer could investigate your accident and advise you on the potential for success in your case.
There are many conditions or hazards on a piece of property that could lead to a serious injury. Some of these conditions – like snow or ice – occur naturally. Others only occur because of some act, or lack of action, by an individual. All of these conditions must be addressed so as not to lead to severe injury. Some common examples might include:
These conditions could lead to a fall or cause injuries from exposure to hazardous substances. When a property owner is aware of these hazards and fails to address them, they could face civil liability for any resulting injuries.
There are multiple factors that a Bridgeport attorney must establish if a property owner is liable in a premises liability claim. Primarily, a lawsuit must establish: duty of care; if hazards were addressed; if guests were notified of hazards; and if there are compensable damages.
Like any negligence claim, one of the most important steps is to determine if a duty of care exists. A plaintiff can only recover compensation in a premises liability case if they can show the property owner owed them a duty of care. This duty usually exists unless a person was trespassing or entering an area of the property they knew to be off-limits.
The second factor relates to the property owner’s efforts to address the hazard. For a premises liability claim to be successful, a plaintiff must establish a property owner failed to act reasonably. How a reasonable person would react to a hazard varies, but it typically involves warning the public of a hazard and removing it as soon as possible. This factor is important given that a property owner will not face civil liability if they took reasonable steps to address a hazard or lacked time to do so.
Another issue in these cases is whether the defendant had notice of the hazard. This could be actual notice (meaning the property owner knew of the hazard) or constructive notice (which means the defendant reasonably should have been aware of it). A plaintiff will only prevail if they can show the property owner was on notice of the hazard prior to the injury.
Finally, a plaintiff must prove they suffered compensable damages. This could include a variety of losses related to the accident. Examples include medical bills, lost wages, pain and suffering, or mental anguish. A Bridgeport attorney can help establish all four factors required for a successful premises accident lawsuit.
There are important steps to take after an injury at another’s home or business. After you address your injuries, it is vital that you preserve your legal rights. An attorney could help you do that.
By working with a Bridgeport premises liability lawyer, you could recover monetary compensation for the injuries you have sustained. To learn more, call for a case evaluation right away.