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Premises liability law holds property owners responsible for maintaining safe conditions on their property in order to prevent needless injuries. The majority of premises liability claims involve slip and fall accidents . However, you can also bring a premises liability lawsuit in the event of:
· Animal attacks
· Burn injuries
· Assault
· Faulty machinery
· Accidental drowning
In order to have a valid premises liability case, the accident must have been caused by the property owner's failure to maintain safe conditions. If a person dies from a premises liability accident, it becomes a wrongful death case.
Compensation in Premises Liability Cases
If a property owner fails to take reasonable steps to prevent an accident on his premises, he may be required to pay damages to compensate you for your injuries. Damages are awarded in premises liability cases for:
· Medical expenses
· Loss of income
· Pain and suffering
Medical expenses cover hospital bills, rehabilitation costs, ambulance costs, and prescription medication. You may recover damages for lost wages if you are unable to work while recovering from the accident. If the injury is serious enough to affect your long term earning potential, the court will usually compensate you accordingly.
Proving Fault
In order to win a premises liability lawsuit, you must prove that:
· You were injured
· The injury was the result of an unsafe condition on another person's property
· The property owner was negligent in his duty to maintain safe conditions for visitors
You will be required to provide proof of your injuries to the court. Medical records, photos, and witness testimony are generally used in proving your case. If your injuries are severe, they will be easier to prove. If they are more minor, they most likely will heal by the time your case reaches trial. Therefore, you will need to have detailed records documenting your injuries.
If you are found to be partially responsible for the accident, the damages will be reduced to reflect your share of the blame. The property owner will only be required to pay damages based on his degree of fault.
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