subject: Determining Premises Liability For Injury [print this page] An unsafe premise may cause injuries to an individual. In such a situation, does the victim have the right to sue the owner or occupier of the premise for damage recovery? Every instance is different, and whether you can file a liability suit or not depends on the applicable District of Columbia laws and the specific circumstances of your case.
Getting legal help is must if you want to determine whether you have a case or not, and whether the case has the merit to win. A personal injury lawyer specializing in premises liability can help you understand this. Before you discuss the details of the case with a legal practitioner, here is a quick look at some important details.
When is the owner/occupier liable for injuries sustained on the premises? As per the legal directives, it is the responsibility of the owner/occupier to keep the premises safe. This means regular inspections, proper repair and maintenance, posting warnings about risks, etc. Here are a few instances.
Suppose you were at a party and suffer injuries because of a broken stair. As a licensee, i.e. an individual with explicit or implied permission of the owner/occupier to be at the premises, you have the right to damage recovery.
Suppose you were shopping for groceries at a departmental store. You did not see a spill, slipped, and hurt yourself. As an invitee, i.e. an individual with explicit or implied invitation of the owner/occupier to be at the premises, you have the right to sue.
Suppose you suffer injuries because of the activities of a third party on a certain property. You may have the right to recover damages if it was a repeat of a previous incident and the owner/occupier had a reasonable understanding of the risk but failed to warn you.
Whom can you sue for your injuries? This, again, depends on the specific details of your case. Discussing the case with a DC Personal Injury Lawyer can help you assess liability. The first person whose liability needs assessment is the property owner. There may be other responsible entities as well, e.g. management, tenant, security, etc.
Only when you know that there is adequate ground for filing an injury suit as well as whom to sue, you can go ahead and do the filing. Proper investigation of the matter and understanding and analyzing every detail is necessary to get these answers. Competent legal help would be able to sort out the situation for you.
If you are searching for a lawyer practicing personal injury, please visit the Jacksonville lawyer directory to get the required information.
by: Mark
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