Have you been injured on another party’s property? If so, you could receive compensation for your injuries and damages. However, you must prove the legal elements of a premises liability claim before you can recover money from the property owner.
What Is a Premises Liability Claim?
Premises is a real estate term meaning land and the improvements on it. A premises liability claim is a term used to describe a negligence claim against a property owner for injuries or harm sustained by someone on the property.
Property owners are responsible for taking reasonable steps to keep their property safe from hazards and dangers. If someone is legally on the property, the property owner might be liable for injuries if the owner did not warn of dangers or take steps to correct hazards and dangers.
However, the accident victim must prove the legal elements of a premises liability claim to recover damages.
What Do You Need to Prove to Recover Compensation for an Accident on Someone’s Property?
Premises liability claims are generally based on negligence. Negligence is the failure to act with the level of care that an ordinary reasonable person would use in a similar situation. The legal elements of a negligence claim are:
- The person owed you a duty of care
- The person breached that duty of care
- The breach of the duty of care resulted in the situation that caused your injury
- You sustained damages because of the injury
If you are legally on the property, the owner owes you a duty of care. Breaches of care can occur when the property owner fails to warn you of dangers and hazards. A breach may occur when the owner fails to take reasonable steps to correct a hazard that the owner knew about or should have known about.
The third element can be difficult to prove. You must show that the hazard was a direct cause of your injury or harm. For example, a broken step or damaged flooring was the direct cause of your fall. You must also prove that you sustained damages because of the injury, such as loss of income, medical expenses, pain, and suffering.
If you cannot link your injury to the breach of duty and cannot prove damages, you lose your premises liability case.
What Should You Do After an Injury on Another Party’s Property?
Report the accident and seek immediate medical attention for your injuries. If you can, take pictures of the accident scene before the property owner has time to correct the problem. Make sure to ask witnesses for their contact information.
As soon as possible, contact a Tulsa premises liability lawyer for help. Our attorneys aggressively investigate the accident to determine what caused your injury. We do not stop searching until we uncover every piece of evidence available to prove that the property owner is responsible for your damages.
Contact Our Tulsa Personal Injury Attorney for a Free Consultation
Schedule your free consultation with a Tulsa personal injury lawyer with The Law Office of Michael R. Green, PLLC, by calling (866) 944-4733. Get the answers to your questions about a premises liability claim from an experienced legal advocate for accident victims.