Premises Liability

Jackson Premises Liability Attorney

Knowledgeable and Straightforward Legal Guidance to Help You Reach Solutions

Premises liability cases happen when a property or business owner neglects their duty to maintain safe and usable premises. If you or a loved one has been injured due to such unsafe premises, you have the right to sue for damages. Whether you have incurred mounting medical bills for your injuries or have had to take time off work to recover, a successful lawsuit can grant compensation for these monetary losses. Speak with our experienced premises liability lawyer at Hawkins Law, P.C. to discuss your legal options in more detail.

No one deserves to be injured due to a property owner’s negligence of safety; schedule a free initial consultation with Hawkins Law, P.C. to strategize your injury lawsuit today.

A Property Owner’s “Duty of Care”

Property owners have a legal duty of care to protect any guests and visitors on the premises from harm by maintaining reasonably safe conditions. Failing to uphold this duty of care may result in accusations of negligence, and the negligent property owner may be held liable for injuries sustained on their premises.

The specific duty of care a property owner is responsible for will depend on the type of property and guests, but some general requirements of a property owner may include regular inspections to make sure facilities are safe and usable, making timely repairs, and warning guests of any potential hazards on the premises (e.g., wet floor).

Note that the type of visitor is important for establishing what duty of care the property owner owed that individual. The three classifications are:

  • Invitee – a person that enters the property by the expressed or implied invitation of the owner (e.g., a house guest, a business customer); invitees have the highest duty of care owed to them, with the property owner having to ensure that the premises are reasonably safe for use
  • Licensee – an entity that enters the property for their own convenience, pleasure, or benefit according to the license or implied permission of the owner; the duty of care owed to licensees is lower than for an invitee, and the duty is not to willfully harm them
  • Trespasser – an individual that enters a property without invitation, a license, or other authorization; the property owner is merely required not to willfully harm them

Proving a Case of Premises Liability

The best way to secure maximum damages in a premises liability case is perhaps to sue the at-fault party. A valid lawsuit for premises liability should prove the following elements:

  1. There existed a duty owed to the plaintiff (e.g., the property owner owed a visitor a duty of care).
  2. The duty of care was breached (e.g., the property owned did not repair a hazardous condition of the premises).
  3. The breach of duty resulted in the plaintiff’s injury.
  4. The injury caused the plaintiff to suffer damages, including medical treatment and lost wages.

If you have been injured in a premises liability incident, do not hesitate to reach out to an attorney immediately for legal guidance. Keep in mind that the statute of limitations is 3 years from the date of the accident, so the sooner you get started on your case, the more readily available the evidence to back up your claim. The court will also be unlikely to hear your case once the 3-year deadline has passed.

While you might hope to negotiate a settlement with an insurance company, you might be able to claim more significant damages by filing a lawsuit. Insurance companies are also notorious for taking advantage of injured individuals, so having a lawyer on your side can prove an important asset to making sure you get the damages your injuries deserve.

Schedule a free consultation with Hawkins Law, P.C. to get started on your claim. Don’t hesitate to collect the damages for injuries you are due.

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