When victims bring a claim to court, a judge or jury determines a landowner’s responsibility in a Richmond premises liability case and the subsequent compensation that a victim is entitled to. However, for a successful claim, victims need to present a well-articulated and evidence-backed claim. To better your odds of a successful claim, reach out to an experienced property injury attorney who can advocate for you.
Liability is established in a premises liability case by determining whether the premises were maintained in a reasonable fashion. Sometimes, a judge decides the business was maintained in a reasonable fashion or it was not maintained in a reasonable fashion in a small percentage of cases.
Usually, the case goes to a jury that decides whether the property owner is responsible. The jury considers the actions the premises owner took or did not take, whether it was reasonable, and whether it was the right way to maintain the property. For example, a big part of premises liability is proving that the property owner or the commercial tenant knew or should have known of the condition that caused the accident.
As an example, a customer spills milk in a grocery store and another customer slips on it. If the incident happens immediately, a jury may decide the accident was not the landowner’s responsibility in that Richmond premises liability case. If the milk sits on the floor for 10 minutes, one of the employees should have seen that and cleaned it up—and there may be evidence in the form of video that supports that. The jurors listen to all the evidence, hear the facts, and decide how long the milk remained on the floor and whether that length of time gives rise to liability.
A strong premises liability case has large damages. The number one factor is the number of medical damages of an individual. Most commercial places have $1,000,000 or more in insurance available. The main goal is to persuade the insurance company to give a settlement because going to a jury with a slip and fall is very risky. Many juries do not take kindly to this type of case when it appears that a plaintiff is out for money.
The best premises liability case has a large number of damages with severe injuries and long-term recovery. If the insurance company believes they cannot win the case, they could make an offer to the injured party in the form of compensation.
With potential clients, a strong premises liability case has something that is considered objectively unreasonable: maintenance of the land, an obvious defect that caused an injury, something sticking out of the floor, or a big hole on the floor.
The first thing an attorney can do is put any potential client in the right mindset and tell them whether they have a good case. There is a lot to think about for somebody who suffered a significant injury in a premise case.
The second thing an attorney helps with is preparing the case. These cases are complex. Some things a person does not want to handle on their own like discovering and maintaining evidence, determining whether video evidence is available, and figuring out how much insurance is available.
Things that are matters of routine for a lawyer who does them every day are things an individual may not be able to do on their own. They may end up getting nothing or getting much less than they are entitled to because they do not know how to get evidence and are unaware of the best ways to increase the value of the case. Especially when these legal steps are necessary for determining a landowner’s responsibility in a Richmond premises liability case.
If you were harmed on someone else’s property and because of that property owner’s negligent upkeep, it is important that you talk with an attorney. An experienced attorney can help determine if a landowner’s responsibility in a Richmond premises liability case constitutes pursuing a claim for compensation. Reach out to an attorney today.