You visited someone’s home or business and, while there, suffered an injury. Who is responsible for your losses? It can be hard to know what steps to take when the property owner is negligent, but our legal team is here to navigate this process for you.
Our Lakeland premises liability lawyer has the ability to tell you if you have a legal case, how much compensation you may be owed, and what legal steps you should be taking to get the financial support you deserve. At Gatti, Keltner, Bienvenu & Montesi, PLC, our 40 years of experience and millions of dollars in compensation earned for our clients make us uniquely qualified to help you with your legal matters. Our personal injury lawyer in Lakeland, TN, has helped many people navigate even the most complicated legal matters with success.
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Explaining Premises Liability in Lakeland, TN
Premises liability refers to the negligence of a property owner in ensuring they maintain a safe place. That is, the property owner is typically required to ensure their property is free from hazards that could cause people who are rightfully at that location to suffer illness or injury.
If you are a person injured after a fall or other incident, you may have the right to seek compensation for any losses you have. Those losses could be numerous factors, including medical bills and lost time at work. The hard part of filing a premise liability claim is knowing that someone else really is responsible for the losses you have.
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Determining if a Duty of Care Was Present
A component of that is determining if a duty of care existed. Under this area of the law, a duty of care refers to the legal right that you have to have assumed the property was safe for you.
Did you have the right to be there, and if so, did you have the right to assume it was safe to be there? To determine this, we have to look at the various laws under law that apply to various situations.
Duty of Care and Trespassers
One of the most common questions is about trespassers. Under Lakeland law, property owners do not owe a trespasser a duty of care. That means that if you are considered a trespasser on the property, and you suffer an injury as a result of that, you cannot file a claim for premises liability under these loans.
There Was an Attractive Nuisance on the Property
What is an attractive nuisance? It is any type of feature of the property that would draw a person in.
A very common example is a pond or pool that would attract a child to the area. In this situation, you have the responsibility to provide a safe environment – for example, ensuring a neighborhood child cannot access that pool.
You Are a Guest at the Property
What about being a guest, such as being invited over for dinner? In this case, the property owner has a duty of care to ensure that their location is safe for you to be there. This also applies to those who are licensees or people who are using the property for their benefit.
For example, if you are renting a property for the weekend, you have been invited there by the property owner, and as such, they owe you a duty of care. That means they must ensure the property is safe for you to use.
You Are a Customer at a Business
Another situation that involves premises liability involves business customers. If a company opens its shop to customers, and you visit, fall, and suffer an injury, then the business owner could be liable for your losses. A business invitee, as it is called under the law, is a person that is using the property for mutually beneficial reasons.
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Examples of Premises Liability Incidents
When does premises liability occur? Our Lakeland premises liability attorney can provide you with more information and insight into your particular case. Here are some examples of premises liability incidents:
- A child falls into a pool. If a pool is left accessible and a child wanders into it, that could be premises liability.
- You are walking in a grocery store and fall because the floor is wet (and there has been ample time for the owner or manager to recognize the spill and take steps to fix it).
- A property owner allows their dog to walk in the front yard without a leash, and you suffer an injury as you are walking by.
- A nightclub hosts a party and sells alcohol at a very low price, leading to a large crowd. They lack any type of security, which leads to a brawl and injuries.
- You are walking on a sidewalk for a business that is icy, and you fall, hitting your head.
These are examples of what could be considered premises liability, but there are a lot of limitations that may occur. For example, if you provoked a dog or teased it and then suffered an injury, you may not be able to file a claim. If a grocery store’s floor was wet due to a customer dropping something, and the employees did not know about the incident and may not have had the time to take action, then there may be minimized negligence here.
Because of these and many other requirements, it is nearly always a good idea to work with a premises liability attorney who can help you to determine who is responsible and what all of your losses are. You have just one year from the date of the incident to file a claim. Talk to a premises liability lawyer in Lakeland, TN, today.
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When you are up against a challenging situation like this, it is critical to have an attorney who can work closely with you every step of the way. Our team will help. Contact Gatti, Keltner, Bienvenu & Montesi, PLC, now to discuss your case.
Our Lakeland premises liability lawyer can help you navigate your legal options and determine where you stand when it comes to navigating claims for these types of losses. Our experience and dedication to our clients make us qualified to offer you sound advice and support.