Do you know the basics of premises liability? What about filing a claim? Business Insurance can be a minefield, so getting the right advice is paramount.
The article will focus on business liability claims because of their importance to the economy. The typical way to approach Premises Liability cases is to hire a lawyer to draft a lawsuit document that the plaintiff will file in court. While this is the typical approach, it is not the only one. Knowing that certain people who own commercial properties may not have the adequate time or money to hire a lawyer to represent them, this article will explain the difference between a lawsuit and a claim. and the area that is often referred to as the “market” of business law. Through case studies and analysis, it will explain how land use planning is the core of this area of law. It will also discuss the concept of zoning, which is not too different from land use planning, but is usually considered an unrelated topic.
What do you think would happen if you were injured in a grocery store, restaurant, or on a public sidewalk? Do you have to report it? Can you hold the owner responsible? Do you need a lawyer? These are all questions we are often asked at Embry Law Firm. To answer these and other questions, our premises liability attorney is available to assist you.
Simple guide to civil liability law
If you are injured while on someone else’s property, you may be entitled to compensation. But if you’re like most, you don’t know where to start. That’s why we offer this simple guide to tort law.
What is company liability?
There is an area of law known as tort law. These laws set out the rights and responsibilities of both owners and guests or customers. Property owners have a duty to maintain a clean and safe environment and to keep their property free from hazardous conditions. Guests (clients, friends, customers, etc.) are expected to conduct themselves with reasonable care and attention.
Examples of liability cases
There are many situations that can give rise to a liability claim. Here are some examples of common types of cases:
- Accidents due to slips and falls
- Dog bites
- Accidents in the workplace
- Exposure to toxic chemicals
- Accidents in the swimming pool
- Accidents in lifts and escalators
- Accidents in amusement parks
Limitations of Liability
Business liability laws and regulations vary somewhat from state to state. However, in some states, only certain visitors can claim damages. In these states, landlords are only required to take care of invited or authorized guests, but not intruders. How you are classified may affect your right to compensation. Three classifications:
- Guest: You entered the premises at the invitation of the owner. This includes private property and publicly accessible areas.
- Licensee: You have express or implied permission to be on the premises. This includes members of the society, contractors, etc.
- Intruders: They were on the property without permission at the time of the accident.
You have the burden of proof
In order to receive compensation for an accident in which you were found liable, you must prove your claim. This means you have to prove
- That the owner of the property (the defendant) owned or occupied the property.
- that he or she has been negligent or has breached a duty of care towards you.
- That you (the claimant) were injured as a result of.
- The owner’s negligence was a major factor in causing your injuries.
- you have suffered damages (injuries, medical costs, loss of income, etc.)
If you can prove these allegations, you may be able to obtain compensation.
There is a delay
In personal injury cases, including premises liability cases, there is a statute of limitations which is the time limit for filing a lawsuit. In Georgia, the statute of limitations is two years from the date of injury. Although the situation varies somewhat from state to state, most states have a two-year statute of limitations for such cases.
Compensation for liability claims
If you prove your claim and follow applicable laws and regulations, you may be entitled to compensation. Damages in a property liability case may include:
- Medical expenses
- Lost wages
- Loss of ability to work (disability)
- pain and suffering
- Damage to property
If you are filing a lawsuit on behalf of a loved one who died in a personal injury accident, you may also be able to recover compensation for their negligent death.
Hiring a lawyer is a good idea
Premises liability claims often involve a person who has been injured on a premise or public property. This means that the victim often has to deal with businessmen or companies who may have their own legal teams. It is beneficial to hire an attorney who is experienced in these types of cases. An experienced attorney knows how the process works and what obstacles you must overcome before you can win your case.
As you can see, premises liability laws can be complex. The good news is that you don’t have to plead your case alone. With the right attorney, you can get the compensation you need and deserve.
Interesting additional article: What is responsibility?When it comes to the legal aspects of a business, there are a lot of terms and concepts that you might not be familiar with. If you’re a new business owner, you might not even be aware of some of the more common terms that are used to describe business liability, such as for example, premises liability, strict liability, or negligence. Today, we’re going to cover some of these terms and concepts.. Read more about premise liability lawyer and let us know what you think.