If you are unsure whether your injuries and accident meet the requirements for a Richmond premises liability case, you should meet with a lawyer who can review the circumstances of your case. An experienced premises liability attorney can determine if your claim meets the legal standards and then advocate for your needs in court.
“Premises liability” is a broad term. It includes any potential liability caused by a dangerous condition that injures an individual on someone else’s property. That includes an infinite number of possible scenarios. There is no hard and fast rule about what does or does not give rise to liability. It is all about what is reasonable and how a landowner should have maintained their property, and that is a flexible standard.
The premises liability attorney needs to know several facts, such as:
A surprising number of individuals suffer a significant injury and do not go to the hospital until several days later. They did not tell anyone that they slipped and fell. Even if they had a great case, the proof is gone. Having documentation of how the accident happened is essential. The lawyer needs to know the extent of the damages, the amount of current medical bills, anticipated future medical treatment, and how the individual is feeling.
In situations where spills are common, the property owner has a duty to check for spills on the floors at reasonable intervals.
Determining the validity of a claim is a flexible matter that sometimes comes down to a jury’s determination of what is reasonable. How often does an employee have to walk through a grocery store to see whether something was dropped or spilled on the floor? There is no definite rule on how often someone needs to examine the store; it must be something reasonable. A jury might find that walking through the store once every 10 minutes is reasonable, and once every 20 minutes is not. There is no hard and fast rule.
An invitee has an invitation to potentially conduct business. The property owner has a duty to look for hidden harms. When someone is a licensee, they are going onto somebody’s property for their own convenience. That property owner has a duty to tell them of issues they know about. If there is hidden harm they do not know about, there is no liability.
With an invitee, the premises owner is required to search out the hidden harms. If there is something they reasonably should have discovered, they could be liable for the hidden harm. Hidden harm could be an exposed wire or something that is not easy to see. With a licensee, if the property owner did not know there was an exposed wire, there is no liability. If it is an invitee, the landowner has a duty to maintain their land in such a way that it is reasonably safe for people to come in. They would be held liable if somebody was shocked by the wire.
The type of property where the incident occurs determines whether the individual is an invitee, licensee, or trespasser. The other factor is when someone is an employee, and the accident happened on their employer’s property. However, an employee is not able to sue their employer for premises liability; they must take their case to the Workers’ Compensation Commission.
With the help of an attorney, you can determine if you meet the requirements for a Richmond premises liability case. If so, you can also decide to pursue a claim. If you do, an attorney can help you by gathering evidence, evaluating witnesses, and drafting a case on your behalf. Reach out to an attorney today.