What Questions Should You Ask Your Premises Liability Attorney?
Premises liability law deals with injuries that occur on someone else’s property. They generally occur because the property owner (or, sometimes, renter) has not maintained the property in a safe manner.
Premises liability cases can include:
- Slip and fall injuries
- Dog bites
- Snow and ice accidents
- Inadequate building or grounds security
- Swimming pool accidents
- Elevator and escalator accidents
- Gym and fitness center accidents
Getting Started with Your Premises Liability Lawyer
Your premises liability attorney will help you work through your claim. Once you have described your accident, your attorney will help you understand premises liability law and determine whether you have a legal claim.
The following is a short list of questions that you will want to discuss with your premises liability attorney.
1. What rights do I have if the property owner did not maintain the safety of their premises?
All property owners must maintain their premises in a reasonably safe condition for everyone who enters the property. You may be entitled to compensation for your injuries, pain and suffering if the property owner either 1) created the condition, 2) knew about the condition, or 3) should have known about the condition. Your premises liability attorneys can help you determine which situation applies to you.
2. When do I need to file my claim?
As is true in virtually every other legal dispute, you only have a certain amount of time after the accident to file your claim. In Florida, most slip and fall cases (the most common type of premises liability claim) have a statute of limitations of four years.
That means that if you fail to file your claim within four years of the accident, then you are forever barred from asserting your claim. Your premises liability attorney can help you determine when the best time for filing because this decision is often strategic.
3. Who can make a premises liability claim? What if I was trespassing?
As long as you have the right to be on the property lawfully, then you can usually file a premises liability claim. Generally, this applies to invited guests and business customers.
However, you may still have a claim even if you were trespassing. This requires a much higher level of defect on the property, including reckless or intentional actions. The property owner must also have actual or constructive notice that you are on the property as well, unless the property owner was doing something unreasonably dangerous.
Talk to your premises liability attorneys about why you were on the property to help determine whether your claim will work well in court.
4. Should I sign this waiver and settle with the insurance company?
If you have been injured on someone else’s property, their insurance company may offer you money for your injuries and want you to waive your right to sue.
Talk to an experienced premises liability attorney before you sign anything.
- The Most Common Premises Liability Cases – And What You Can Do to Fight Back
- What is Premises Liability?
- “Beware of Dog” – Is the Owner Protected from Lawsuit?
- Is a Homeowner Responsible If I’m Injured at a Barbeque or Summer Pool Party?