Property owners have a legal responsibility to keep their property safe for visitors. Failing to do so is a form of negligence, which can have them facing an injury lawsuit. If somebody sustains an injury on a property due to the owner’s negligence, the latter can be held accountable for the costs associated with the injuries. But, victims need a jersey city personal injury attorney to make a solid claim.
Usually, premises liability comes into play in personal injury cases and takes on various forms. It covers more than just slip and fall accidents. Accidents such as dog bites, fires, amusement park accidents, swimming pool accidents, assaults, and flooding can also be grounds for a premise liability claim. But, not all injuries sustained on someone else’s property or public property indicate the negligence of the owner. Negligence is established based on the following facts:
The Property in Question is Owned, Occupied, or Leased by the Defendant
Proving negligence can be difficult if ownership of the property is in question. Ownership must be identified to know who owes a duty of care and must be held liable. Also, the injured victim must be a lawful visitor such as an invitee or a licensee. Visitors who are not authorized to be on a property are not owed a duty of care by the owner of the property.
The Defendant Failed to Uphold their Duty of Care
If the owner of the property knew about or should have known about a possible hazard and did not address the issue or warn lawful visitors about it, they have breached their legal duty of care. Again, it is important to keep in mind that not all accidents are grounds for a premise liability case.
The Victim Sustained Injuries
For a personal injury claim to be valid and acceptable, the victim must have sustained injuries. Insurance carriers and courts don’t award monetary damages for hypothetical situations, so for victims to recover damages, they should prove the existence of their injuries. They can do this by using medical bills, medical reports, and medical professional testimony.
The Negligence of the Defendant Significantly Caused the Injuries of the Victim
To make a solid claim for compensation, the injuries the victim sustained should have reasonably occurred because of the accident they had on the defendant’s property. But, the victim’s medical examination should prove that the accident caused the injuries.
Establishing the facts mentioned above allows for a solid claim for maximum monetary compensation. How much the victim can recover depends on their accident’s circumstances and the experience of their personal injury attorney.