Duluth Premises Liability Lawyer

Duluth Premises Liability Attorney

When you purchase a home or a piece of property, you have certain responsibilities. Part of owning something is maintaining it. When you are a guest of someone else, naturally you expect the same. Premises liability outlines the basic tenant that property owners must keep their land and buildings safe and free of any hazards.

When an accident happens on someone else’s property, the first thing to question is why. If an accident is due to the property owner’s negligence, they may hold legal responsibility for any subsequent damages. If you or a loved one has been the victim of a premises liability accident, the law may entitle you to compensation. Contact the Duluth premises liability attorneys at Nicolet Law Accident & Injury Lawyers today.

Nicolet Law Accident & Injury Lawyers: Helping Our Clients Fight for What They Deserve

After an accident, the last thing you want to do is spend your time on the phone dealing with the insurance company. At Nicolet Law Accident & Injury Lawyers, we get that. That is why we make it our number one priority to make our clients’ recovery easier. Our team of dedicated personal injury attorneys can work with you to establish your case and help you fight for what you rightfully deserve.

Personal injury cases are about more than money—they are about the person. From the moment you walk through the door, we will work to get you the care you deserve and make sure you know what to expect throughout your case.

At Nicolet Law Accident & Injury Lawyers, our lawyers:

• Work with local care providers and negotiate payment options.
• Partner with expert witnesses to establish the facts of our clients’ cases.
• Take on insurance companies to help our clients get what they deserve.

With offices throughout Minnesota and Wisconsin, our attorneys have a wide range of experience and work together to help our clients get a positive outcome. See what our clients have to say about their experience with Nicolet Law Accident & Injury Lawyers. While no result can be guaranteed, we work to get the best results possible for our clients.

What Is Premises Liability?

Premises liability cases look at three basic factors:

1. Were you injured on someone else’s property?
2. Was the injury preventable?
3. Did your injury cause you financial harm?

Generally, if you can answer yes to all of these questions, you may have a premises liability case. So what exactly does a premises liability case look like? Common examples of premises liability include:

Dog Bites

The CDC estimates approximately 4.5 million people suffer from dog bites every year. Of these, at least 800,000 require medical attention. Dog bites can range from a small nibble to a vicious attack, but they all carry the risk of serious injury. Dog bites can cause lacerations, bruising, swelling, and even cause infection. If you suffer a dog bite that breaks the skin, it is usually a good idea to seek medical attention.

Slip, Trip, and Fall Accidents

Slip and fall accidents happen so often that the terms “slip and fall” and “premises liability” are practically synonymous in the minds of many people. These accidents happen when a person falls from the same level. According to the National Floor Safety Institute, falls result in over 8 million emergency room visits every year. Approximately one in five falls results in serious injury.

Drownings

Drowning accidents are scary and can happen in the blink of an eye. The organization Stop Drowning Now reports drowning can happen in as little as 20 to 60 seconds. Common causes of drowning accidents include lack of security, lack of supervision, and use of alcohol or drugs. Drownings that occur on someone else’s property are not always the owner’s fault. However, if the owner violates state or local safety laws or the pool is in ill repair, they may hold some level of fault.

Chemical Exposure

Chemical exposure can happen when a property owner does not properly store or dispose of a toxic chemical. It can also happen as the result of a faulty tool, system, or appliance. Both residential and commercial property owners must maintain their property and mitigate any foreseen risk of harm. Exposure may occur by physical contact, ingestion, or exposure to gas. Places this type of exposure may occur include swimming pools, personal residences, apartment buildings, restaurants, and retail stores.

Symptoms of chemical exposure may be difficult to recognize, but may include:

• Coughing or wheezing
• Difficulty breathing, including shortness of breath
• Dizziness
• Unexplained headaches
• Confusion
• Loss of consciousness

Insufficient Security

When most of us think of personal security, we think of personal responsibility. We are all responsible for making smart choices and limiting risks. And for the most part, this is correct. However, companies and property owners may hold the responsibility if they knew about a high-security risk. What does this mean? This may mean the owner needs to provide lighting in an area of crime or they add signs where there is dangerous terrain. Security issues are evaluated on a case-by-case basis, but will generally look at the owner’s prior knowledge of known risks.

Common Duluth Premises Liability Injuries

Over 24 million people visit the emergency room every year because of accidents or unintentional injuries. Unintentional injuries continue to be one of the leading causes of death in the United States. All too often, these accidents are preventable. Common injuries resulting from premises liability accidents include:

Brain Injuries

When it comes to brain injuries, doctors use two basic terms to distinguish their cause. Traumatic brain injuries (TBI) result from a hard blow to the head or a penetrating wound. According to the CDC, falls make up about 50 percent of all TBI-related hospitalizations. Non-traumatic brain injuries are the result of an internal issue, such as a lack of oxygen. In terms of premises liability matters, these injuries can occur due to chemical exposure or a near-drowning accident.

Symptoms of a brain injury include:

• Headaches
• Difficulty concentrating
• Dizziness
• Changes in mood or sleeping patterns
• Loss of consciousness

A brain injury is an emergency condition. If you experience any of these symptoms or believe you may have a brain injury, seek medical help right away. If you are in an accident where you hit your head, you should always seek medical attention.

Abrasions

Cuts, bruises, and abrasions are extremely common, and most times they will heal on their own. However, serious abrasions and even bad bruises may require medical attention. Any open wound carries the risk of infection. If you notice swelling, redness, oozing, or tenderness, you need to see a doctor. As general advice, you should always seek medical attention in the event of a dog bite that breaks the skin, a deep cut, or in the case where your wound may have become contaminated.

Broken Bones

Bones are strong. It usually takes significant force to break or crush a bone. When a bone does break, it typically will not heal on its own. Broken bones can cause severe pain or interfere with mobility. These injuries require immediate treatment. Treatment may include surgery, splinting, or a cast. Even with proper treatment, bad breaks can result in disfigurement, mobility issues, or chronic pain.

Spinal Cord Injuries

Spinal cord injuries are one of the most devastating types of injury a person can sustain after a premises liability accident. Spinal cord injuries can happen as the result of a hard hit or a penetrating wound to the spine. Many times these accidents happen because of increased swelling and pressure on the spinal cord.

Signs of a spinal cord injury do not always appear right away. In some cases, your doctor may be able to prevent further swelling and reduce the risk of permanent paralysis. For this reason, it is extremely important to seek emergency medical attention if you at all suspect a spinal cord injury. Symptoms of spinal cord injuries include:

• Extreme pain
• Difficulty walking
• Difficulty moving your upper or lower extremities
• Disfigurement
• Loss of bowel or bladder control
• Tingling, numbness, or loss of sensation

Mental Distress

Accidents can be traumatic. A child who suffers a serious dog attack may develop PTSD or suffer from anxiety. A serious injury can cause depression. Mental distress is just as much of an injury as any physical ailment. Do not suffer in silence. If you experience anxiety, depression, or PTSD after an accident, talk to your doctor. Treatment can help.

5 Steps to Take After a Duluth Premises Liability Accident

Although it may seem obvious who is at fault after an accident, property owners generally do not volunteer to negligence. In many cases, you will have to prove fault. If you retain Nicolet Law Accident & Injury Lawyers, our job would be to build a case that supports your claim. We can do this by gathering evidence and looking at the facts. With that being said, there are some things you can do to help your case.

This includes:

1. Report the Accident: Whether you are at a friend’s house or the grocery store, report the accident to whomever is in charge. This not only helps establish your case and the fact there is an issue, but it may also prevent others from suffering the same injury. If you are at a place of business and the manager takes a written report, ask for a copy.
2. Document Any Evidence: If you are out and about, chances are, the best tool you have to record evidence is your cell phone. Take a look at the scene and take pictures of anything you think is important. What caused your accident? Were there other people around? What did your general surroundings look like (were they safe?)?
3. Talk to Witnesses: Witnesses can provide critical details in a premises liability case. If someone saw what happened, talk to them. Ask for their name and phone number in case your attorney wants to reach them later in the case.
4. Go to the Doctor: It is hard to prove injuries unless you sought treatment for your injuries. If you sustain a life-threatening injury, skip all the steps above and go to the emergency room right away. If you can move around, your local urgent care office is probably your best option.
5. Contact a Lawyer: After a serious injury, get a dedicated lawyer on your case right away. A lawyer can help you find the best treatment options and begin negotiations with the other party. If you receive solicitations from the at-fault party or their insurance, tell them you are in the process of hiring a lawyer and your lawyer will reach out to them.

Duluth Premises Liability FAQs: Important Steps Following Your Accident

A serious accident can occur in seconds and under any number of circumstances. Property owners who invite others into their premises owe invitees a duty of care to ensure they avoid danger. Failure to maintain a safe environment can result in severe injuries that cause immense losses to the victim.

If you accepted an invitation to a neighbor’s cookout, a new restaurant opening, or any private property and suffered harm, contact Nicolet Law Accident & Injury Lawyers. Nicolet Law Accident & Injury Lawyers’ well-versed team can help advise you of your rights to compensation and help guide you through the legal process.

The following FAQs provide crucial information about moving forward with a premises liability claim and lawsuit.

How Can a Premises Liability Lawyer Help Me?

A premises liability lawyer can fight for compensation for your damages by filing a claim and lawsuit.

To build your case, your lawyer can:

• Examine accident scene photographs: If you or a witness photographed the accident scene, share the pictures with your lawyer.
• Review store incident reports: Police rarely respond to a slip and fall, making a store incident report by management necessary documentation.
• Interview eyewitnesses: Share contact information with those who witnessed your accident with your lawyer.
• Gather medical bills and lost wage information: provide your lawyer with information regarding your medical costs and lost income due to your injuries.

Experiencing a slip and fall, a dog bite, or some other form of premises liability accident is a traumatic event. In addition, pursuing a personal injury claim and lawsuit is complicated to take on as you recover from your injuries. A premises liability lawyer can help pursue the compensation you deserve. While your lawyer cannot guarantee compensation, their assistance in your case will provide a much higher likelihood of success.

What Damages Can I Include in My Premises Liability Case?

Personal injury cases typically begin by negotiating with an insurance company for a fair settlement. To determine the damages to claim, your lawyer will go over medical costs and all other losses you have suffered. If negotiations break down and the insurer refuses to settle for a fair amount, your attorney can file a lawsuit to pursue the full amount of compensation in court.

Each premises liability case is different.

The following types of damages are typically part of a premises liability claim or lawsuit:

• Medical costs relating to your injuries, including hospital and doctors’ fees
• Expenses for ongoing medical care, such as therapy and rehabilitation or in-home care
• Lost wages due to recovery and inability to work
• Diminished earning capacity if you are unable to return to work or you are forced to change jobs
• Pain and suffering, such as your mental anguish, loss of quality of life, disfigurement, etc.

Most premises liability cases settle out of court. However, your attorney may deem it necessary to take your case before a judge and jury if you cannot reach a fair settlement covering most of your losses.

When Is a Good Time to Contact a Lawyer?

What Are the Risks of Handling My Case Alone?

The sudden changes to your health, finances, career, and relationships can overwhelm you. Navigating Minnesota civil law will only add to your stress as you debate whether to accept an insurance settlement offer.

Insurance companies are for-profit businesses that seek to protect their best interests. An insurance company may deny, delay, or underpay your claim.

A premises liability lawyer can protect your best interests when you suffer severe injuries due to negligence. Your lawyer stands by you from the beginning of the legal process to protect your interests.

Accepting an insurance settlement alone may seem like the fastest way to solve your financial stress. However, it is essential to note that accepting a settlement offer can prevent you from pursuing further compensation should your medical condition worsen or the original amount does not cover all your expenses.

Once an insurance company closes your premises liability claim, they consider your claim settled. It is crucial to fight for the compensation you need now and in the future. Nicolet Law Accident & Injury Lawyers can pursue the total compensation you need and account for all the losses you've experienced.

I Lost a Loved One Due to Negligence: Can I Sue?

Wrongful death claims and lawsuits are sometimes possible, depending upon your relationship with the victim. You can learn more about wrongful death and whether you have a case by contacting a Duluth wrongful death lawyer for a free consultation.

Some slip and fall accidents may cause injuries that ultimately result in death. Dog bites can also be deadly due to infections, rabies, or damage.

In handling the loss of a loved one, you may incur:

Compensation can never replace your loved one. However, if successful, it may serve as a form of justice and ease your financial burden. Let Nicolet Law Accident & Injury Lawyers help you through an extremely challenging time by protecting your interests and giving you room to grieve.

Do Not Wait. You May Have a Limited Time to Recover Compensation

Every state has laws regarding how long someone has to take action in certain legal matters. This is known as the statute of limitations. For premises liability matters, the relevant statute of limitations is that which applies to personal injury matters.

Under Minnesota law, victims may have as little as two years to file a case with the court in cases that deal with improvements or other construction issues that caused an injury on real property . This clock almost always starts on the day of the accident. However, in some cases, there may be exceptions that can allow up to six years (or even longer) to file your case. If you believe you have a premises liability case, contact our team at Nicolet Law Accident & Injury Lawyers to get started on your case right away.

Nicolet Law Accident & Injury Lawyers: On Your Side When You Need it the Most

We never know how we will respond to an accident or injury until it happens to us. At Nicolet Law Accident & Injury Lawyers, our job is to support our clients. To us, support comes in many different forms. You do not have to go through this alone. When you talk to us, we will walk you through your options and help you figure out what comes next. To learn more about your rights after an injury or accident, contact our Duluth premises liability attorneys at (218) 217-0698 or fill out our online contact request form, for a free, no-risk, case evaluation.

Duluth Office
306 West Superior Street, Suite 606
Duluth, MN 55802
Phone: 218-217-0698