Accidents happen all the time on private and public property. Some of these incidents can be traced to someone else’s negligence. When you get hurt on private or public premises because the owner or manager of the property neglected to act with reasonable care to identify or fix hazards that caused your injuries, you can bring a legal claim against them for compensation.
A Lexington premises liability lawyer could review the circumstances that led to your injury and help you determine what legal recourse you have. A knowledgeable personal injury attorney could help you seek justice and fight to protect your rights throughout the legal proceedings.
Premises liability claims arise from dog attacks, fires, pool accidents, or incidents at amusement parks, playgrounds, restaurants, and parking lots. Property accidents can also happen because of negligence, from improper or inadequate maintenance to defective structures.
Often, premises liability accidents result in severe injuries, such as broken or fractured bones and severe brain damage. A Lexington attorney could help injured people recover their financial and emotional losses caused by premises liability accidents. Common losses include costs related to hospital bills, ongoing physical therapy, lost income, and reduced earning capacity, as well as mental anguish, psychological distress, pain, and suffering.
A victim must prove that the party who caused the property incident was negligent in order to recover financial damages. An example of negligence is when a property owner owes the injured victim a duty of care, breaches the duty, and by breaching that duty, causes the victim to suffer injuries and damages.
The duty of care a property owner owes to visitors varies depending on whether the visitor is an invitee, licensee, or trespasser. For example, the owner owes an invitee the highest duty of care, whereas the owner owes the lowest duty to a trespasser. A landowner owes an invitee, such as a restaurant customer, an obligation to notice and fix hazards on the property.
While the negligent party in a premises liability case can be the owner, manager, or tenant of the property, the injured party collects payments from the defendant’s insurance company. Going up against the defendant’s insurance company is a formidable task, as the defendants involved are often large companies with large insurance policies. The insurance company will often do everything it can to deflect or push back against an assessment of liability for the property incident, making it all the more important to retain a Lexington lawyer who knows how to fight back against the insurer’s tactics.
When you are hurt in a premises liability accident, you may be unsure who is legally responsible for your personal, financial, emotional, and psychological injuries. A Lexington premises liability lawyer could use all tools and strategies available to seek the most favorable outcome for your case.
An attorney could draw upon a wealth of experience in handling these types of legal matters to determine who bears liability for your injuries and build a robust case for damages. To learn more about starting a premises liability claim, call now and book your consultation with a legal team member at Maze Law Offices.