Premises liability accidents can be incredibly damaging – both to a victim’s health and their bank account. For many Americans, an unexpected injury can even put them at risk of becoming bankrupt. If you’re concerned about the chances of becoming involved in a premises liability lawsuit and accident, you must educate yourself about the situation. To get you started, here are five surprising facts concerning premises liability accidents that you should know:
1. There Are Strict Time Limits Placed On How Long A Victim Has To Make A Claim
Like many other lawsuits, premise liability accidents are affected by several important statutes of limitations. Slip and fall accidents are especially prone to these restrictions, and these regulations are put in place to help protect business and property owners from the burden of faulty or fraudulent lawsuits. Depending on the nature of your injury, and the state you were injured in, the statute of limitations can vary wildly. That being said, the vast majority of premises liability lawsuits are restrained by a two-year statute of limitations. For those who’ve been injured on someone else’s property, a personal injury law firm can help you determine if your case is still viable under your locale’s statute of limitations laws.
2. Not All Premise Liability Cases End In Settlements Or Other Damages
Many people assume that premise liability cases almost always end in some type of settlement, or the property owner paying some form of damages to the victim. However, this could not be further from the truth. There are many cases where the nature of a person’s injuries will exempt a property owner from responsibility for said injuries, after all. When you hire a premises liability attorney to represent you, it becomes their responsibility to prove that a property owner’s negligence is to blame for your injury. When a lawyer is hired to protect the property owner, their top responsibility will become to showcase how the circumstances of the accident (or the victim’s behavior before the accident) prevent them from being responsible for the victim’s injuries.
3. Slip And Fall Accidents Remain One Of The Most Common Types Of Premises Liability Accidents
Slip and fall accidents are the most commonly thought of example when people hear the words “premises liability lawsuit.” If businesses want to protect themselves from being at fault for these commonplace, and sometimes devastating injuries, they need to keep their walkways and public areas clean, free of hazards, and properly maintained. To avoid slip and fall accidents as a pedestrian, you should always be on the lookout for any hazards that could cause you to be suddenly injured.
4. What A Victim Was Doing Before Experiencing A Premises Liability Accident May Impact Their Claim
Although premises liability proof elements can seem straightforward, the nature and viability of a lawsuit can be significantly impacted by what the alleged victim was doing before the accident took place. In some states, the fault can be broken down into percentage points that show how responsible each party is for an injury. For example, if an alleged victim’s behavior was demonstrably and openly dangerous or obviously illegal before the accident, then it can easily make a case unviable. Depending on the percentage of fault that’s assigned to both the alleged victim, and the property owner, the payouts, criminal charges, and other damages that will arise from a premises liability lawsuit will vary wildly. Once again, having a trusted lawyer by your side will ensure that you get the best representation possible.
5. Some Victims Still Attempt To Represent Themselves In Premises Liability Lawsuits
Unfortunately, there are many victims of premises liability accidents that still try to represent themselves. By assuming that the case is straightforward enough that they do not need legal representation, they are putting themselves at risk of having a more savvy lawyer on the defendant’s side upend the case. To ensure you get the restitution and legal representation that you deserve, you should always hire an experienced premises liability attorney to help you through this sometimes-overwhelming legal process.
Protect Yourself From Negligence In 2022
Being aware of your surroundings and knowing your legal rights are your best weapons for protecting yourself from negligence in 2022. Negligent business and property owners cause thousands upon thousands of avoidable and devastating pedestrian injuries every year, so staying aware of this fact can help you protect both yourself and all of the other valued members of your community.