Having an accident on someone else’s property is not uncommon as you might have thought. However, pursuing legal action against the liable party can be challenging. You may require the legal support of a dedicated Southaven personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC.
With our team fighting for your rights, you do not need to worry about doing anything other than healing from your injuries. We will work tirelessly to determine who is responsible and hold the liable party accountable to the fullest extent of the law so you can recover compensation for your damages.
What Is a Premises Liability?
A premises liability accident is virtually any type of accident or incident that occurs on someone else’s property. Generally, in premises liability claims, property owners will be held accountable for injuries that occur on their property.
This is because property owners have an obligation to ensure their premises are safe at all times for their invited patrons and guests. Failure to uphold this obligation is considered negligence, which leaves an opportunity for injury victims to pursue legal action against them both with the insurance company and in civil court.
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Types of Premises Liability Accidents
Premises liability accidents can take many forms. However, there are some types of premises liability accidents that occur more frequently than others. In addition to swimming pool accidents, trampoline accidents, and dog bites, there are many other types of premises liability claims.
Here are some of the most common you may be able to sue for:
Negligent security involves a property owner failing to take necessary security and safety measures to protect their invited guests. For example, a nightclub owner would be responsible for hiring security guards, installing security cameras, and hiring bouncers to secure their property. Failure to do so could be considered negligence.
Frequently, premises liability claims are filed when individuals suffer assault, sexual assault, rape, burglary, or other criminal acts due to negligent security measures.
Improper maintenance occurs when a property owner fails to make necessary repairs or otherwise maintain the safety of the property. For example, a landlord who has been notified that the stair rails are broken leading up to the house may be held accountable if their tenant suffers slip and fall injuries when the stair rail fails them.
Slip and Fall Accidents
Slips, trips, and falls are some of the most common types of premises liability claims. They can occur in virtually any type of property and can happen due to a variety of factors including:
- Snow and ice
- Debris in the walkway
- Broken pavement
- Unsecured handrails
- Broken stairs
- Unsecured carpeting
- Wet floors
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When to Sue for a Premises Liability in Southaven
You may not be sure whether you have the right to move forward with a premises liability lawsuit in Southaven. However, there are a few ways you can determine whether you have grounds for legal action. First, remember that it is not the injury you sustained that will determine whether you are entitled to compensation.
It is the impact your injuries have had on your life and are expected to have on your life for years to come. For your lawsuit to be successful, your premises liability lawyer in Southaven, MS, will need to show that you have suffered considerable damages or injuries as a result of the premises liability accident you were involved in. But that is not at all.
Your lawyer will also need to show that another party’s negligence or misconduct was the cause of your injuries. To prove negligence, your lawyer will need to introduce evidence that leaves little doubt in the mind of the jury that the defendant is responsible for causing your injuries. The elements of negligence include:
- Duty of care
- Breach of duty
Types of Evidence to Gather
The burden of proof is based on a preponderance of the evidence. Compelling evidence must be introduced to prove the defendant owed you a duty of care, somehow breached that duty of care, and ultimately caused you considerable damages that have had a massive impact on your life. Examples of such evidence could include:
- Photos of your injuries and the accident scene
- Police reports
- Safety inspection locks, or lack thereof
- Witness statements
- Testimony from experts
- Communication exchanges
- Social media posts
- Video of the accident
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How Liability Works in Premises Liability Claims
To pursue a premises liability claim, your Southaven premises liability lawyer will need to show that another party is at fault. In the vast majority of premises liability lawsuits, property owners are held accountable when injuries occur on their property.
Property owners have a responsibility to maintain the safety of their premises at all times. They must take proper safety measures and precautions to ensure the safety of their guests and patrons. For this reason, property owners are most commonly named in premises liability lawsuits.
However, there are instances in which other third-party such as equipment manufacturers, contractors or subcontractors, or other professionals, could be at fault. For this reason, your premises liability attorney in Southaven, MS, will need to carefully examine the circumstances of your case to identify all potentially liable parties so you can maximize your opportunities for a total recovery of your damages.
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The Value of Your Southaven Premises Liability Lawsuit
Obtaining the compensation you are entitled to after a premises liability accident in Southaven is critical. Since there is no one out of money that will change the experience you endured, it is important to recover the compensation that is rightfully yours so you can not only get your costs covered but also start to move forward with your life and put the trauma of your injuries behind you.
Examples of damages that may be recovered in your premises liability lawsuit include:
- Healthcare expenses
- Property losses
- Vehicle repair costs
- Lost wages
- Pain and suffering
- Loss of consortium
- Emotional distress
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Get Help from a Premises Liability Attorney in Southaven Today
Pursuing a premises liability claim takes courage. With help from an experienced Southaven premises liability attorney at Gatti, Keltner, Bienvenu & Montesi, PLC, you can demand justice and complete recovery of your damages.
Find out how much your case could be worth when you contact our office for a free consultation. You can fill out our quick contact form or call our office to get started today.