Woodbury Premises Liability Lawyer
When you suffer an injury on the property of another party somewhere in Woodbury, you could be eligible for compensation if the owner of that property fails to exercise reasonable care to ensure that the property remains safe for all who frequent the location.
Premise liability accidents can occur in various settings and the amount of compensation you may be eligible for will depend on several factors, including the severity of your injuries.
Woodbury Premises Liability Lawyer - Nicolet Law Accident & Injury Lawyers
Our team at Nicolet Law Accident & Injury Lawyers works hard to represent the rights of our clients against insurance companies and property owners. We want to help you reach a positive resolution in your case and move forward from this unfortunate and traumatic event in your life. Your interests are our priority, and it is our goal to fight for compensation to help you recover from an accident.
Recovery for Clients of Nicolet Law in Premises Liability Cases
Our team of attorneys at Nicolet Law Accident & Injury Lawyers has helped countless clients achieve positive outcomes in their cases of injury in a premises liability accident.
While these are only past results and no guarantee of success in every case, previous successes include:
- $335,000 in compensation for a victim of a slip and fall accident
- $200,000 for the victim of a premises liability accident
- Recovery of losses for a slip and fall victim at a convenience store in dangerous weather conditions
Premises Liability Claims & Lawsuits
The term “premises liability’’ describes a scenario where an individual suffers an injury while on the property of another person or entity.
When dangerous conditions or hazards are present on another property, there are certain safeguards and precautions a property owner must take to make certain that a party that is a guest or visitor of the area does not become a victim of a preventable accident. If a victim suffers an injury while on another’s property and an owner is negligent in their duty of care, that owner can be liable for the damages to a victim.
In many instances, a victim can file an insurance claim through the property owner’s homeowner’s insurance, renter’s insurance, liability insurance, or any other applicable coverage to the land in question. If it is clear a property owner’s actions or inaction led to the accident or your injuries, your case will likely settle outside of court through an insurance claim.
However, if there is any question or controversy about fault for the accident or the monetary damages you deserve, the case may need to move forward to a lawsuit against an insurer or at-fault party.
There are also times when an insurance policy may not cover an accident or your injuries. Whether it is due to a denial of a claim or the unavailability of insurance on the premises, other possible circumstances can prevent you from settling a claim outside of court and require you to file a lawsuit to seek compensation.
Possible Causes of Premises Liability Accidents
Premises liability is a blanket term that pertains to any situation where a victim suffers an injury on the property of another party. Each day there are risks present across many different types of properties that can result in injuries to employees, students, visitors, or guests. A premises liability accident can occur on private property such as a home or publicly accessible property such as a school, church, workplace, retail store, park, or other business.
In most instances of a premises liability case, the accident occurs due to an owner or property manager’s failure to maintain the premises safely. Many hidden and not so hidden dangers in a property can pose injury risks. In many cases, it is a seemingly minor defect or problem that can result in serious injuries to a person.
Causes of premises liability accidents can include:
- Hazardous floor conditions
- Exposed electrical wires
- Loose cables or other trip hazards along or near the floor
- Poorly maintained fixtures
- Dangerous steps or ladders
- Improper maintenance of escalators or elevators
- Poor lighting
- Lack of security
- Dog bites
- Fires, explosions, or exposure to hazardous chemicals or gases
- Improper storage of equipment or other items
Negligence in a Premises Liability Case
The basis for recovery of compensation for a victim of a premises liability accident is the negligence of a Woodbury property owner or manager in the maintenance of a property.
An owner of the land, a home, or other premises must exercise reasonable care in the control of their property and keep the premises free from dangers that can pose a risk of injury to guests. When an insurer or court considers the liability of a landowner for the injuries to a victim, they will ask certain questions to decide if, in fact, the defendant did not uphold the duty of care that is necessary under the law.
Examples where a landowner can be responsible for a victim’s injuries include:
- The landowner or an individual under the direction of an owner creates a danger on the property - Some common examples include loose debris, a spill, broken glass, improper storage, or stocking of items or products.
- A landowner or other party under the direction of an owner was aware of a dangerous condition or hazard but took no action to rectify it - This commonly occurs when a customer or other individual alerts a manager or property owner of a problem within the premises and the party that receives the notice takes no action and leaves the ongoing hazard on the property.
- A landowner or other party in charge fails to routinely inspect the property for hazards and fails to identify a danger that would have been discovered had they met their duty of care - If a business or other property does not have routine inspection protocols in place or a party fails to complete an evaluation of the property for safety; an owner can be liable if a simple walkthrough or inspection of the property would have led to the discovery of the dangers that led to the accident and injuries.
The Most Common Injuries to Victims in a Premises Liability Accident
A fall or slip on the Woodbury property of another party can result in moderate to severe injuries to you. Premise liability accidents are most often sudden and can occur in a wide range of scenarios. The type of injury to a victim can vary widely depending on the type of accident that occurs as well as their age and overall health.
Examples of injuries that can occur in a premises liability accident:
- Traumatic brain injuries - Head injuries are common in slip and fall cases as well as accidents where fallen debris or other items strike a victim. TBIs can have lasting effects on a victim after a premises liability accident.
- Spinal cord injuries - Falls from heights, onto objects or hard surfaces can cause a victim to suffer injuries to their neck and back. Moderate injuries may require long-term rehabilitation and recovery, while severe injuries could result in partial or complete paralysis.
- Lacerations - Cuts are common in premises liability cases with wires, metal, or other material that can cause a victim to suffer injuries as a result of a fall or impact with an object. While minor to moderate lacerations may require stitches, a severe laceration can affect nerve endings, tendons and cause disfigurement or permanent scars.
- Torn muscles, ligaments, or tendons - Not all injuries of a premises liability will be visible externally but the impacts to a victim are significant. Torn muscles, ligaments, and tendons are not only painful injuries but may require surgery and long-term rehabilitation to regain strength and mobility. For victims with serious injuries, they may never fully heal and remain with lifelong complications or difficulties from their injury.
- Broken bones - When a person braces from a fall or falls into an object while on the property of another, they risk that one or multiple bones will fracture or break. Broken bones require time to heal and in severe breaks or involvement of a joint, surgery and lengthy rehabilitation are often necessary.
- Burns - Fires, explosions, or materials kept at high temperatures can burn victims. Burns can be traumatic and painful injuries that involve surgery, grafts and usually result in permanent scars to the body.
- Drownings - Improper fencing to keep out guests from dangerous waters or lack of notice of hazardous conditions in a body of water can lead to the drowning of a victim in a premises liability accident.
- Electrocution - Exposure of live electrical wires on a worksite or other property creates a high risk of death or catastrophic injuries. Electrocutions are a common workplace injury that often ends in a fatality or permanent disability.
- Loss of limb or amputation - Crush injuries from fallen objects or injuries from dangerous equipment can result in the loss of a limb or the need for an amputation to preserve the life of a victim while on the property of another.
Damages for Victims of a Woodbury Premises Liability Accident
The severity of the injuries you suffer will greatly influence the impact on your life and the future. Injuries not only impact your physical health but can have far-reaching effects on your mental and emotional wellbeing after an accident.
When a premises liability accident occurs due to the negligence of another individual or party the law allows for a victim to seek compensation against the at-fault party or their insurer. The type of damage available to you will depend on how severe your injuries are and the impact of those injuries on your ability to function and live your life as you did before the accident.
Damages in a premises liability accident can include:
- Compensation for medical bills and expenses
- Reimbursement for lost wages or future impacts on income
- Compensation for pain and suffering for the accident itself and the injuries you sustain
- Recovery for losses such as quality of life, enjoyment of life, and companionship
- Damage to personal property in the accident
- Compensation for the wrongful death of a loved one
Do You Need a Woodbury Premises Liability Attorney After an Accident?
You may initially believe that your case can reach a beneficial resolution on your own with an insurer. However, you will quickly realize that an insurance company will not act with your best interests in mind.
In fact, the goal of an insurer is to accomplish the opposite. Insurers prefer individuals to remain without attorneys so that they are more likely to accept a settlement offer that is well below the value of the accident and injuries.
If you are in a premises liability accident in Woodbury, you should immediately contact a personal injury attorney to represent you. Complex premises liability cases often involve landowners, homeowners, renters, business owners, and/or insurance companies. These parties will make every effort to reduce their liability to you even if it is contrary to your legal rights. A lawyer will work to protect those rights through an insurance claim and a lawsuit if it should become necessary.
After you suffer an injury in a premises liability accident, you might be unsure of how to proceed. In many instances, property owners will be unclear or vague as to any insurance coverage that could apply to the accident and can make it difficult for you to obtain the information necessary to proceed with a claim.
The reality is that a premises liability accident is time-sensitive. Evidence may disappear as a property owner can conceal or rectify the dangers on the property. You must take swift action to protect your rights, and your best option is to seek an attorney with experience in premises liability cases to help guide you through the legal processes.
If you sustain an injury on the premises of another party, you could recover compensation. Contact our Woodbury premises liability attorneys at (651) 358-2531 at Nicolet Law Accident & Injury Lawyers for a free evaluation of your case.