Flesch & Beck Law - Injury Attorneys - Criminal Defense
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I fell on my neighbor’s sidewalk and got hurt – do I have a claim?

Well, that can be complicated and it all depends on the circumstances of the situation. Premise liability and negligence on the part of the property owner need to be proven first, but how does that happen and what exactly is premise liability?

A premise liability case involves a personal injury that a person sustained on another’s property. Property owners have a duty to maintain a safe environment for those using it and face legal liability if they don’t. Premise liability applies to both private property owners and public property owners.

Negligence needs to be proven

If it can be proven that a property owner acted negligently (or in other words they knew about a problem and failed to fix it) which in turn caused an injury or death, then you may be able to file a claim for compensation. The key part to claiming damages from a premise liability injury is whether or not they knew and did nothing. It all comes down to legal liability.

Types of claims

Premises liability claims include:

  • Slip and falls: A slip and fall is the most common type of premise liability. A fall because of a wet or slippery floor, snow or ice are some examples.
  • Poorly maintained property such as broken flooring or stairs, poor lighting, hidden hazards or uneven sidewalks that cause injury.
  • Dog bites causing injury.
  • Swimming pool accidents.

Property owners are responsible to keep their property safe, but an injury on someone else’s property doesn’t always mean that a claim is warranted. If you have a serious injury you sustained on another’s property, it’s important to work with an experienced personal injury attorney sooner rather than later (and before you speak to an insurance company) to determine which factors were involved and whether it warrants a claim.

 

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