Getting hurt while visiting someone else’s property can be disruptive to your life in the short term and difficult to recover from in the long term. On top of the opposition you are likely to face from the landowner you want to hold liable for your injuries, you may also run into trouble with the rules state law places on cases of this nature. This is especially true if you try to proceed with your claim without guidance from experienced legal representation.
A capable Kenmore premises liability lawyer is the ally you need to effectively pursue a positive case result. No matter how your accident occurred or what specific losses you need to recover for, our qualified personal injury attorneys will work tenaciously to build the strongest possible claim on your behalf. Let our team demand comprehensive compensation for the harm you should not have experienced.
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The Legal Basis for a Property Liability Claim
While premises liability claims are a subset of personal injury litigation, they do not follow the same rules as other types of injury cases. More specifically, property owners have a “duty of care,” which requires them to act reasonably and responsibly under specific circumstances to minimize the risk of direct or indirect harm to someone else. However, the nature of that “duty” can change a lot from person to person, depending on the reason an individual is visiting the property.
To hold a property owner or manager liable for an accident based on their failure to live up to their “duty of care,” an injured person generally must prove one of two scenarios. They must establish that the defendant(s) created the dangerous condition which led to their injuries, or that the defendant(s) had knowledge or should have had knowledge of the hazard, but did not take reasonable steps to correct the issue within a reasonable amount of time. In practice, this means liability for an injury may hinge on how long a particular danger was present on the owner’s property and whether they knew about it prior to the accident. Both of these scenarios can be challenging to prove through objective evidence.
Additionally, landowners are usually not liable for injuries to trespassers, although there are exceptions in specific situations, most notably when minor children are drawn into trespassing on private property by unsecured “attractive nuisances.” A knowledgeable Kenmore premises liability attorney can offer more information about how state law governs cases like this during a confidential consultation.
Recovering for All Available Damages
A successful lawsuit against a negligent landowner can account for both past and future, economic and non-economic losses after an accident, including:
All medical expenses
Lost income and/or ability to work
Personal property loss/damage
Lost enjoyment of life
Physical pain and suffering
Emotional trauma and anguish
If a property owner engaged in “willful and wanton” misconduct, a court might impose punitive damages against them to be awarded as additional compensation to a plaintiff. As a seasoned premises liability lawyer in Kenmore can affirm, this is a rare outcome reserved only for extreme situations.
Contact a Kenmore Premises Liability Attorney Today
You should feel safe when visiting someone’s home or place of business. When you are injured on someone else’s property due to negligence, you have the right to hold the owner responsible for your losses. However, holding someone liable for unreasonably dangerous conditions on their property requires a great deal of evidence and legal expertise.
The help you need with your claim is available from a dedicated Kenmore premises liability lawyer. CallRichmond Vona, LLC today to schedule a complimentary meeting to begin reviewing the details of your case.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
