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Consultwebs.com
does not provide legal advice. Our goal is to
provide legal resources for consumers and
attorneys. You should consult with a lawyer for
legal advice that applies to your situation and
location.
General
Premises Liability FAQ's
- I slipped
and fell in my grocery store due to a broken jar
of beets. My wrist is broken and I have some
cuts. The store says that there had not been
time for their clean-up crew so they are not
responsible. Is this true?
Their attorney
will probably try to use this argument, but it
is seldom successful. Businesses are generally
liable for the negligence of their cleaning
crew. You have a reasonable case, and a premises
liability attorney can advise you as to the type
and amount of damages that you may expect in
this instance.
- I was
attacked in the parking lot at the Mall. Can I
sue the owners for my bills?
Generally, the owner or owners of a business are
responsible for reasonable security on their
property or premises. Adequate lighting, for
example, is an essential for safety. A
significant period of criminal activity on or
around a property would also show a property
owner that additional security is required to
prevent such criminal acts. This could be used
to prove an owner's liability for later criminal
acts.
- I saw a
lawyer about my premises liability case. Do I
really need an expert witness to prove it?
There are times that an expert witness can
be used to good advantage in a premises
liability case. This is particularly true if a
case goes to a jury. Medical experts,
contractors, economists, and others may have
special knowledge that a jury needs to
understand in order to assign damages properly.
- What should
I be doing before I see an attorney? I am not
sure yet how serious my slip and fall was.
- Document all
events in a journal, including doctor’s
visits, and any contact by anyone regarding
the accident. Photograph your injuries from
day one.
- Do not speak
to anyone regarding the accident, such as an
insurance agent or adjuster without contacting
your attorney.
- See an
attorney as soon as possible to discuss this.
You can always elect to drop the matter, but
it is important to see that your rights are
preserved.
- A friend
slipped in my living room and really hurt
himself. I do have premises liability insurance,
but feel that this was in no way my fault. He is
supposed to use a walker and does not.
Actually, most homeowner’s insurance policies
provide coverage for medical bills regardless of
fault. These claims generally must be made in a
short time span, so be sure to check your policy
for this provision.
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