Property owners have a duty to ensure their land and buildings are in a reasonably safe condition for visitors and to warn them of any hazards on the premises. If they fail to do so, they can be liable for any injuries related to their negligence.
If you suffered injuries on another party’s premises or in a place of business in Upper Arlington, you can contact Bressman Law for a no-cost consultation. You might qualify to file a premises liability claim and be able to recover compensation for your damages.
Types of Premises Liability Claims
Any accident or injury that occurs on property that is not your own may warrant filing a premises liability claim. Our firm handles all types of premises liability cases, such as those listed below.
- Slip, trip and fall accidents
- Electrocution or shock injuries
- Drowning or near drowning
- Accidents at concerts and other public venues
- Amusement park and fair ride malfunctions
- Assaults due to poor security
- Falling objects or merchandise
- Dog attacks
Causes of Premises Liability Accidents
There are numerous factors that can cause or contribute to an accident on someone else’s property or at their business. Below are a few examples of the primary cause of accidents on another’s premises.
- Poor maintenance
- Spills or tracked-in water or snow that isn’t cleaned up
- Failure to adhere to building codes
- Poorly constructed structures, including stairways and elevators
- Poor or lack of staffing
- Lack of signage or barricades around hazards
- Improperly stored merchandise or materials
- Staircases that are shoddy or lacking handrails
When another party’s negligence, carelessness or neglect causes an accident, such as in the examples above, the victim may have sufficient grounds to file a premises liability claim. Negligence is only one part of a liability claim, though.
Establishing the Elements of a Premises Liability Claim
In order to bring a premises liability claim successfully, there are several elements claimants must establish. Your attorney can explain these in greater detail, but below are the basic foundational parts of a premises liability case.
- Duty of care – First, the claim must establish that the person against whom you are filing a claim is the owner or person responsible and that he or she owed you a duty of care.
- Breach of duty – Next, you must be able to show that the owner somehow breached the duty of care by acting negligently or carelessly.
- Causation – You must be able to demonstrate a link between the owner’s actions and your injury, i.e., the owner’s negligence caused your accident.
- Damages – You must have suffered actual injuries and damages that you can prove through evidence, such as via medical records and expert witness testimonies.
Estimating the Value of Your Claim
If your attorney determines that a case contains all the elements necessary to substantiate a claim, you then can begin compiling evidence and estimating the total value of your damages. Collect any and all records pertaining to your expenses including the following.
- Medical expenses
- Treatments and prescriptions
- Lost wages
- Lost benefits
- Transportation costs to medical appointments
Calculating the total value of a claim can get tricky because it should include future damages as well. In serious, long-term injury cases, lawyers may need to enlist the help of a forensic economist to get an accurate settlement figure.
Free Consultation with a Premises Liability Attorney in Upper Arlington
If you or your loved one suffered serious injuries on another party’s property in Upper Arlington, call David Bressman for help. He has 25 years’ experience helping injured people in Ohio collect compensation for their accidents.
Contact Bressman Law today at 877-538-1116 to schedule a free, no-obligation consultation.