Every property owner in Somerville owes a duty to anyone they allow on their premises. When the property owner falls short of that duty, an injured visitor could pursue them for monetary compensation. A practiced personal injury attorney could assist that person throughout the claims process.
If you are considering a premises liability claim, you do not have to take on this challenge alone. Property owners are typically insured, which means they will likely have the support of a skilled legal team. A Somerville premises liability lawyer could work to ensure you are treated fairly during the litigation process.
Common Types of Premises Liability Claims
Any hazard could result in a premises liability injury depending on the circumstances. These injuries could occur inside a business, on the front porch of a private residence, or somewhere outside of the building entirely.
The hazards that are common inside the premises often relate to a failure to maintain the property. This could include anything from a spilled drink to a loose rug. In some cases, disrepair is the culprit. Injuries are especially common on damaged stairways or in areas with poor lighting. Not every hazard inside a home or business will lead to a claim, however. The property owner could avoid liability if they can show it was unreasonable to believe they could have cleaned up or addressed the hazard before the injury.
Outside, the hazards are often different. In many cases, they involve natural hazards that cannot be removed entirely. When that is the case, the property owner has a duty to notify all visitors of the hazard. This could include posting sides or even fencing the hazard off entirely. Examples of hazards could include accumulated snows, uncovered wells, or uneven pavement.
In most cases, these hazards result in an injury victim slipping and falling. When this occurs, the impact of a fall could lead to serious injuries. However, other premises liability claims could stem from injuries from a falling object or hazardous substance. In any event, a Somerville premises liability attorney could help an injured person seek damages through a civil lawsuit.
At trial, establishing the property owner was responsible requires showing that the owner of the premises acted unreasonably. To prevail, a Somerville premises liability attorney must demonstrate that the property owner had the opportunity to address hazards and provide a safe environment, but failed to do so. Demonstrating this to a jury could lead to a damage award for the plaintiff in a premises liability claim.
However, state law has adopted a legal theory known as modified “comparative negligence”. Under this legal standard, a plaintiff may only recover compensation if they are less than 51 percent responsible for the accident. Additionally, this doctrine requires the jury to reduce a damage award by the percentage of the successful plaintiff’s fault. The end result could be a damage award that falls short of the visitor’s total losses.
Speak with a Somerville Premises Liability Attorney As Soon As Possible
If you suffered injuries on the property of another person, you could have a potential premises liability claim. By meeting with an attorney, you could discuss whether your claim is viable and what damages might be available.
Taking on a property owner can be challenging. In many cases, the property owner responsible for your injury will have a skilled legal team working diligently to prevent you from obtaining compensation. You could place yourself on an even playing field by calling a Somerville premises liability lawyer right away.