Guidelines on Premise Liability.
Premise liability can be defined by the precautionary measures taken by the owner of a premise to protect other users of the premise from suffering injuries or from damages. Here is an in-depth analysis of premise liability.
In the event a different party gets injured in your premise, you as the owner of the premise are responsible for the injury or damages incurred. An injury obtained by the injured party for being unsafe at the premise is not liable for compensation and is regarded as null and void. In cases, both parties are also found at fault and the owner of the property is required to pay half the amount of the suite he or she is facing.
Every case is unique and may be handled differently when it comes to premise liability. A tenant who has leased or rented a property from a landlord takes up the premise liability and is responsible for claims on injuries or damages obtained from the premise. Some exceptions stand out and this is not always the tenant who shoulders the responsibility on damages or injuries incurred.
The law is very clear and regards trespassing as an illegal act. The owner of a premise is however required to ensure that his or her property is safe and has warning signs warning off trespassers of dangers and that they are trespassing at their own risk. As the property owner you are held liable for any injuries incurred by a trespasser if you dont warn them of potential dangers. For cases where the signs are in place the trespassing party is held liable and they are not in a position to make any claim.
It is advisable that you seek compensation if you feel eligible to a claim. First you ought to get medical attention and get your injuries treated immediately. Seek the services of a specialist as soon as you can in order to understand the severity of the injuries you have obtained. The claim you make is dependent on the specialist examination made on how severe your injuries are.
The second step in making a claim is the documentation of every event that has occurred. In the recordings include a medical report, a report from the authorities, pictures of where the incident occurred and pictures of the injuries. Ensure that you inform the owner of the property where you got the injury from and provide a copy of your report and consequently obtain theirs. It is also advisable to take the contact information of any possible witnesses.
The last thing you ought to do is contact a lawyer specialized in such cases and follow everything he or she instructs you to do. If the property owner declines on negotiations, go for a settlement in court. Being discrete on the case is highly recommended especially with the property owners lawyers who contact you as they may try and get sentiments from your portraying the injuries are self-inflicted.