Premises Liability Cases in Derry
An injury that occurs on the property owned or managed by another party may make it possible to file a claim or lawsuit to pursue full compensation, termed a “premises liability” case. The injuries sustained in such a case could occur on private, public, government, or commercial property when the owner or manager fails to ensure the area is safe for visitors, guests, residents, or others who are legally present on the property.
Types of Premises Liability Cases
A premises liability case could involve a vast range of injury accidents, including but not limited to:
- Slip and fall accidents: Slippery, oily, icy, or wet walking surfaces can lead to a potentially deadly slip and fall accident.
- Swimming pool accidents: Accidents occurring in public, hotel, or private pools can result in catastrophic or fatal injuries.
- Inadequate security: A visitor, resident, or guest to a property may be injured in an assault due to a lack of adequate security.
- Defective locks, gates, or other property features: A property owner is required to ensure the property is reasonably safe for visitors, guests, and residents. A failure to ensure areas have secure locking gates and doors could lead to a serious or fatal injury.
- Elevator and escalator accidents: When an elevator or escalator fails at a commercial or residential property, a visitor or residents could suffer serious, catastrophic, or fatal injuries.
- Dog bite cases: A vicious dog attack may lead to serious injuries that require extensive medical treatment and leave the victim with disfiguring or fatal injuries.
- Playground accidents: Playgrounds must be kept safe for children and visitors to the property to avoid the risk of injury. When a playground has an unsafe feature or play equipment, a child may be seriously or fatally injured.
- School accidents: An unsafe condition that should have been identified and repaired in a school facility could result in injuries.
- Lack of maintenance: Unsafe walking surfaces, broken stairs, failure to provide adequate lighting in stairwells, hallways cluttered with items, uneven carpets, and other conditions that are known, or should have been known and repaired can allow for a premises liability claim.
- Toxic exposure cases: A visitor or employee who suffers a serious health condition from being exposed to chemicals, fumes, or other toxic substances can seek compensation from the property owner or manager.
The Elements of a Premises Liability Claim
As with other personal injury cases, a premises liability claim requires proving the basic elements of the case:
- Duty of care: It must be established that the owner or manager of the property owed the injured person a “duty of care,” the responsibility to exercise reasonable care to ensure others are safe when present.
- Breach of duty of care: It must be proven that the property owner or manager breached (violated) the duty of care by failing to use reasonable care to ensure the property is safe for visitors, or to warn persons visiting or present of any hazardous condition that may pose a risk of injury.
- Causation: It must be established that the actions, or inactions of the property owner was the cause of the incident that led to injuries or death.
- Damages: The injuries led to damages, such as medical bills, lost wages, pain and suffering, and other financial and personal losses.
What is a Premises Liability Case Worth?
The damages in a premises liability case will be calculated on an individual basis. The types of damages that could be sought include:
- Economic damages: The actual financial losses associated with the injuries, including medical bills, hospital costs, transportation, medications, nursing care, lost wages, reduced earning capacity, and other actual financial losses.
- Non-economic damages: The personal losses suffered by the victim are given a dollar value. These damages include pain and suffering, emotional anguish, reduced quality of life, and other personal and emotional losses.
Why Choose Us?
If you or a loved one suffered a serious injury while present on another party’s property, the legal matter regarding seeking compensation requires a high level of legal skill. At Russell Friedman Law Group, our legal team has extensive experience in personal injury law, and a record of achieving favorable outcomes in challenging cases. Our dedication to the people we serve, client-focused service, and professional resources in medical experts, financial experts, and accident investigators can be of great benefit in filing a claim that achieves a favorable outcome.
Contact Russell Friedman Law Group at (603) 556-8666 for a free case evaluation.
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