In DuBois, the owners and managers of property must take care to remove unreasonable hazards. When they fail in this duty, any foreseeable injuries that occur on the property could lead to a personal injury claim. If you have suffered a bodily injury on land owned by another person, an experienced DuBois personal injury attorney could evaluate the potential for a civil claim.
No matter how significant your injuries, there is no guarantee of a successful claim. Having a knowledgeable DuBois premises liability lawyer who could gather evidence of the landowner’s negligence improves your chances of a positive outcome.
While negligence involves a careless or reckless act committed by another person, premises liability claims involve dangerous risks, hazards, or defects that are present on another person’s property. If you are on that person’s property, you could recover compensation if you are injured by hazards on his or her land. Common dangers include:
When a DuBois attorney is presented with a premises liability case, his or her first step will be to review the nature of the accident carefully. The victim has the burden of proving that the landowner was negligent or careless in allowing a dangerous condition on the property to occur, and that injuries resulted from it.
While premises liability lawsuits are fairly common, many of them are resolved through a negotiated settlement. This is preferable in many cases, as settlements remove the risk of not succeeding at trial. Further, settlements may be achieved more promptly than a lawsuit, which could last several years.
An experienced DuBois premises liability attorney could guide an injured person through the process of negotiating a settlement. In some cases, the property owner or tenant will have insurance. In these cases, the injured person and their attorney will be dealing directly with the insurance company instead of the owner of the land.
The nature of the injury will be a major factor during a settlement. If the property owner or one of his or her employees directly caused the hazard in question, the chances of a settlement may increase. The same could be true if the owner acknowledges he or she was aware of the hazard but did not address it.
Most premises cases involve vigorous negotiations. Often, a property owner will blame the injured victim for causing the accident. While this is posturing in some cases, sometimes the injured person could have played a role in the accident. For example, a person who ignores signs warning them of a hazard could be partially responsible if he or she sustained an injury. These factors could work against an injured person during settlement talks.
The assistance of a skilled injury attorney is valuable, regardless of whether you believe a case may settle or result in a trial. With the right attorney, you could prepare yourself in order to be successful in either outcome.
If you are ready to move forward with your premises liability claim, call Marcus & Mack right away to set up a free consultation. With a DuBois premises liability lawyer assisting you, you could obtain the financial compensation you are looking for.