Injured? Contact Our Leading Premises Liability Injury Attorney – Premises Liability Lawyers
Under premises liability, property owners can be liable for any injury or illness that takes place on their property due to negligence. There are few exceptions to the aforementioned, so premises liability can cover a vast multitude of cases. For a successful personal injury suit, it doesn’t matter what the direct cause of the injury actually was, all that matters is that the property owner’s negligence somehow contributed to a person’s injury. This is true for both commercial and residential properties. Though many property owners look for ways to eschew responsibility, it is their responsibility to make sure their property is safe for their guests.
Property owners are responsible for making sure that their property is adequately maintained. If there are structural faults in buildings on the property, they need to be remedied, or the property owner could risk being liable for damages their guests sustain. For example, if you know your back patio is at risk for collapsing, you are liable if the patio collapses on your guests at the family barbeque. This is because you knew, or reasonably should have known, that your back patio presented a danger.
Not only are property owners responsible for the buildings on their property, they’re also responsible for anything on their property that could be dangerous. This means that if a property owner has a pet that bites someone, the property owner is liable for the victim’s injuries. Or, if a person falls in a river on the property and drowns, the property owner may be liable if their negligence somehow contributed to a guest drowning. Under premises liability, a claim doesn’t have to involve a faulty structure, a dangerous animal, or a dangerous land formation. Property owners could even be found liable for an injury that was the result of an icy sidewalk.
Finally, property owners are required to take additional care in making sure their property doesn’t harbor any attractive nuisances and, if it does, they need to make sure that they aren’t easily accessible. An attractive nuisance is anything that might lure a child onto your property. Typically, an attractive nuisance represents a danger that a child is not readily able to anticipate. A good example of this is a trampoline or a dog. A child might come onto your property and jump on your trampoline. If the child were to fall off the trampoline and hurt themselves, the property owner may be liable because the child couldn’t understand the danger in the trampoline. Property owners have a higher duty of care toward children, even if the children are trespassing—and children are almost never considered trespassers from a legal standpoint. So, if a child were to hurt themselves while jumping on a trampoline on someone else’s property, the property owner would be liable, even if the child was technically trespassing.
As seen in the aforementioned, premises liability can be a complicated subject that extends to many different situations. If you have questions about a premises liability claim, Moxie Law Group has answers. Moxie Law Group is one of Utah’s first female-led personal injury firms, and we’ve now expanded into Texas. At Moxie Law Group we specialize in fighting for our clients with empathy, integrity, and tenacity. Contact Moxie Law Group today to learn more about how we can help you.
“What Do Premises Liability Lawyers Do?”
Premises liability lawyers often work on premises liability cases where a person is injured due to the negligence of the property owner. When accident victims are injured on someone else’s property, they may need costly medical treatment. A premises liability lawyer can work with the insurance company in order to make sure that the injured party is fairly compensated for their medical bills. Our law firm offers all potential clients a free consultation. During the free consultation, we’ll ask questions about how the premises liability accident occurred, your injuries, and what kind of medical attention you’ve received. If we believe we can help, we’ll usually begin by collecting evidence for a demand letter. Once we send a demand letter to the insurance company, we’ll begin negotiating a fair settlement. At Moxie Law Group, we work on a contingency fee basis, so our clients don’t have to worry about upfront fees while they’re dealing with medical expenses or lost wages.
“What Is a Premises Liability Case?”
Insurance companies aren’t always playing fair. Because denying claims, or offering lowball settlements keeps their profit margins thick, insurance companies often use their knowledge of premises liability against the person filing a premises liability claim. However, when you hire a premises liability lawyer, you’re hiring an expert in premises liability law. A premises liability lawyer can stand up to the homeowner’s insurance provider and advocate for your best interests on your behalf. Many people choose to hire a premises liability lawyer after the premises liability accident occurred because they weren’t getting anywhere with the homeowner’s insurance, and they knew a premises liability lawyer was their best shot at getting fair compensation.
Elements of Negligence
In most premises liability claims, a premises liability attorney will need to prove that all elements of negligence are present in order for the premises liability case to hold up in court, in the event that it actually goes to trial. During a trial, most premises liability cases will require a premises liability attorney to prove duty, breach of duty, damages, and causation.
Duty
Generally speaking, a property owner or business owner, can be held liable if they fail to remove a dangerous property condition that causes injury. If the dangerous condition cannot be removed, the property owner needs to take reasonable care to ensure that no guests are injured due to the dangerous condition. When premises liability attorneys talk about duty of care, they’re referring to a legal obligation. In the most simple terms, it may be helpful to think of duty as a job or responsibility. In general, homeowners, business owners, and pretty much anyone who owns a piece of property, has a duty to make a reasonable effort to keep the premises safe for visitors.
Breach of Duty
When we say a person has a duty of care to keep their property safe, we generally mean that an owner needs to remove all hazardous conditions or take reasonable precautions to mitigate the chance of injury when such conditions are not able to be removed. Let’s say you’re having family members over for a dinner party. You spilled a glass of grape soda on the floor and forgot to clean it up. During the dinner party, a family member slips and falls due to the puddle of soda. In this case, you as the homeowner may be the liable party. If an owner knew, or reasonably should have known that there were unsafe conditions on their property, the should have removed the aforementioned conditions.
Damages
Not all slip and fall cases have hefty damages. In fact, some slip and fall cases don’t have any damages at all. Let’s go back to the slip-and-fall case with the grape soda. Let’s say the person who fell was seriously injured; she broke her arm. In that case, the cost of the treatment needed to heal the broken arm may be considered to be the plaintiff’s economic damages. A person may also sue for non-economic damages, such as emotional distress, or pain and suffering. Medical records and bills may be used to prove that the patient has damages. These damages are separate from punitive damages. A judge may order a defendant to pay punitive damages when the defendant willfully damaged the plaintiff. These types of damages are distinct from economic and non-economic damages.
Causation
When it comes to premises liability claims, attorneys will need to prove that the owner’s failure to take reasonable precautions in order to maintain safe premises was the direct cause of the plaintiff’s injuries. Not every injury that occurs at another person’s property occurs due to negligence. For example, if you fall down the stairs at a friend’s house because you’re clumsy, you may not have any legal recourse. If a person is seeking to recover compensation, their attorney will need to prove that their injuries were caused by the negligence of the person owning the property. Premises liability accidents happen primarily when a property owner fails to take reasonable precautions in order to ensure the safety of others.
Protect Yourself from a Premises Liability Lawsuit
You don’t need to have an expert’s knowledge in premises liability law in order to prevent calamity. You too can prevent premises liability accidents by taking reasonable precautions to keep your property safe. Swimming pool accidents can cause injury, therefore it’s likely that property owners owe their neighbors a duty, even when the swimming pool is on private property. If you have a swimming pool, you should put a fence not just around your yard, but around the pool as well. The fence ought to have a lock and self-closing hinges too. Ideally, the fence would be too tall for a child to jump over, and not easy for a child to scale. When you’re not using your pool, you may wan to be sure that all toys are put away, and there’s a cover placed over the pool. Failure to take reasonable precautions may result in a judge finding the property owner liable. Since property owners owe it to guests to keep their property safe, it’s important that everyone takes the necessary steps to keep their community safe. Moxie Law Group proudly serves Utah and Texas.
When You’ve Been Injured
When you’ve sustained an injury on another person’s property, you need a legal team with expert knowledge of premises liability laws. From amusement park accidents, to slip ‘n’ fall injuries, to escalator accidents and beyond, Moxie Law Group is here for you. If you have been injured on another person’s property, we can help you recover compensation for the injury you sustained on the liable party’s property. Moxie Law Group is just a phone call away. And if phone calls aren’t your thing, you can send us a text. At Moxie Law Group, we’re dedicated to serving you. Find out how we can help you get the compensation you deserve.
Injured? Contact Our Leading Premises Liability Injury Attorney
Under premises liability, property owners can be liable for any injury or illness that takes place on their property due to negligence. There are few exceptions to the aforementioned, so premises liability can cover a vast multitude of cases. For a successful personal injury suit, it doesn’t matter what the direct cause of the injury actually was, all that matters is that the property owner’s negligence somehow contributed to a person’s injury. This is true for both commercial and residential properties. Though many property owners look for ways to eschew responsibility, it is their responsibility to make sure their property is safe for their guests.
Property owners are responsible for making sure that their property is adequately maintained. If there are structural faults in buildings on the property, they need to be remedied, or the property owner could risk being liable for damages their guests sustain. For example, if you know your back patio is at risk for collapsing, you are liable if the patio collapses on your guests at the family barbeque. This is because you knew, or reasonably should have known, that your back patio presented a danger.
Not only are property owners responsible for the buildings on their property, they’re also responsible for anything on their property that could be dangerous. This means that if a property owner has a pet that bites someone, the property owner is liable for the victim’s injuries. Or, if a person falls in a river on the property and drowns, the property owner may be liable if their negligence somehow contributed to a guest drowning. Under premises liability, a claim doesn’t have to involve a faulty structure, a dangerous animal, or a dangerous land formation. Property owners could even be found liable for an injury that was the result of an icy sidewalk.
Finally, property owners are required to take additional care in making sure their property doesn’t harbor any attractive nuisances and, if it does, they need to make sure that they aren’t easily accessible. An attractive nuisance is anything that might lure a child onto your property. Typically, an attractive nuisance represents a danger that a child is not readily able to anticipate. A good example of this is a trampoline or a dog. A child might come onto your property and jump on your trampoline. If the child were to fall off the trampoline and hurt themselves, the property owner may be liable because the child couldn’t understand the danger in the trampoline. Property owners have a higher duty of care toward children, even if the children are trespassing—and children are almost never considered trespassers from a legal standpoint. So, if a child were to hurt themselves while jumping on a trampoline on someone else’s property, the property owner would be liable, even if the child was technically trespassing.
As seen in the aforementioned, premises liability can be a complicated subject that extends to many different situations. If you have questions about a premises liability claim, Moxie Law Group has answers. Moxie Law Group is one of Utah’s first female-led personal injury firms and we’ve now expanded into Texas. At Moxie Law Group we specialize in fighting for our clients with empathy, integrity, and tenacity. Contact Moxie Law Group today to learn more about how we can help you.
“What Do Premises Liability Lawyers Do?”
Premises liability lawyers often work on premises liability cases where a person is injured due to the negligence of the property owner. When accident victims are injured on someone else’s property, they may need costly medical treatment. A premises liability lawyer can work with the insurance company in order to make sure that the injured party is fairly compensated for their medical bills. Our law firm offers all potential clients a free consultation. During the free consultation, we’ll ask questions about how the premises liability accident occurred, your injuries, and what kind of medical attention you’ve received. If we believe we can help, we’ll usually begin by collecting evidence for a demand letter. Once we send a demand letter to the insurance company, we’ll begin negotiating a fair settlement. At Moxie Law Group, we work on a contingency fee basis, so our clients don’t have to worry about upfront fees while they’re dealing with medical expenses or lost wages.
“What Is a Premises Liability Case?”
Insurance companies aren’t always playing fair. Because denying claims, or offering low ball settlements keeps their profit margins thick, insurance companies often use their knowledge of premises liability against the person filing a premises liability claim. However, when you hire a premises liability lawyer, you’re hiring an expert in premises liability law. A premises liability lawyer can stand up to the homeowner’s insurance provider and advocate for your best interests on your behalf. Many people choose to hire a premises liability lawyer after the premises liability accident occurred because they weren’t getting anywhere with the homeowner’s insurance, and they knew a premises liability lawyer was their best shot at getting fair compensation.
Elements of Negligence
In most premises liability claims, a premises liability attorney will need to prove that all elements of negligence are present in order for the premises liability case to hold up in court, in the event that it actually goes to trial. During a trial, most premises liability cases will require a premises liability attorney to prove duty, breach of duty, damages, and causation.
Duty
Generally speaking, a property owner or business owner, can be held liable if they fail to remove a dangerous property condition that causes injury. If the dangerous condition cannot be removed, the property owner needs to take reasonable care to ensure that no guests are injured due to the dangerous condition. When premises liability attorneys talk about duty of care, they’re referring to a legal obligation. In the most simple terms, it may be helpful to think of duty as a job or responsibility. In general, homeowners, business owners, and pretty much anyone who owns a piece of property, has a duty to make a reasonable effort to keep the premises safe for visitors.
Breach of Duty
When we say a person has a duty of care to keep their property safe, we generally mean that an owner needs to remove all hazardous conditions, or take reasonable precautions to mitigate the chance of injury when such conditions are not able to be removed. Let’s say you’re having family members over for a dinner party. You spilled a glass of grape soda on the floor and forgot to clean it up. During the dinner party, a family member slips and falls due to the puddle of soda. In this case, you as the homeowner may be the liable party. If an owner knew, or reasonably should have known that there were unsafe conditions on their property, the should have removed the aforementioned conditions.
Damages
Not all slip and fall cases have hefty damages. In fact, some slip and fall cases don’t have any damages at all. Let’s go back to the slip and fall case with the grape soda. Let’s say the person who fell was seriously injured; she broke her arm. In that case, the cost of the treatment needed to heal the broken arm may be considered to be the plaintiff’s economic damages. A person may also sue for non-economic damages, such as emotional distress, or pain and suffering. Medical records and bills may be used to prove that the patient has damages. These damages are separate from punitive damages. A judge may order a defendant to pay punitive damages when the defendant willfully damaged the plaintiff. These types of damages are distinct from economic and non-economic damages.
Causation
When it comes to premises liability claims, attorneys will need to prove that the owner’s failure to take reasonable precautions in order to maintain a safe premises was the direct cause of the plaintiff’s injuries. Not every injury that occurs at another person’s property occurs due to negligence. For example, if you fall down the stairs at a friend’s house because you’re clumsy, you may not have any legal recourse. If a person is seeking to recover compensation, their attorney will need to prove that their injuries were caused by the negligence of the person owning the property. Premises liability accidents happen primarily when a property owner fails to take reasonable precautions in order to ensure the safety of others.
Protect Yourself from a Premises Liability Lawsuit
You don’t need to have an expert’s knowledge in premises liability law in order to prevent calamity. You too can prevent premises liability accidents by taking reasonable precautions to keep your property safe. Swimming pool accidents can cause injury, therefore it’s likely that property owners owe their neighbors a duty, even when the swimming pool is on private property. If you have a swimming pool, you should put a fence not just around your yard, but around the pool as well. The fence ought to have a lock and self-closing hinges too. Ideally, the fence would be too tall for a child to jump over, and not easy for a child to scale. When you’re not using your pool, you may wan to be sure that all toys are put away, and there’s a cover placed over the pool. Failure to take reasonable precautions may result in a judge finding the property owner liable. Since property owners owe it to guests to keep their property safe, it’s important that everyone takes the necessary steps to keep their community safe.
When You’ve Been Injured
When you’ve sustained injury on another person’s property, you need a legal team with expert knowledge of premises liability laws. From amusement park accidents, to slip ‘n’ fall injuries, to escalator accidents and beyond, Moxie Law Group is here for you. If you have been injured on another person’s property, we can help you recover compensation for the injury you sustained on liable party’s property. Moxie Law Group is just a phone call away. And if phone calls aren’t you thing, you can send us a text. At Moxie Law Group, we’re dedicated to serving you. Find out how we can help you get the compensation you deserve.
As seen in the aforementioned, premises liability can be a complicated subject that extends to many different situations. If you have questions about a premises liability claim, Moxie Law Group has answers. Moxie Law Group is one of Utah’s first female-led personal injury firms and we’ve now expanded into Texas. At Moxie Law Group we specialize in fighting for our clients with empathy, integrity, and tenacity. Contact Moxie Law Group today to learn more about how we can help you.
As seen in the aforementioned, premises liability can be a complicated subject that extends to many different situations. If you have questions about a premises liability claim, Moxie Law Group has answers. Moxie Law Group is one of Utah’s first female-led personal injury firms and we’ve now expanded into Texas. At Moxie Law Group we specialize in fighting for our clients with empathy, integrity, and tenacity. Contact Moxie Law Group today to learn more about how we can help you.
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