Wellington Premises Liability Lawyer
While some injuries happen in the home, many injuries happen when we least expect them to, and are often incurred on the properties of others. For example, slipping and falling in a department-store parking lot, tripping on broken steps in an apartment building, or being injured on an escalator within a mall are all very potential injury types. If you’ve been injured in Wellington, it’s important to know that depending on the cause and location of your injury, someone else may be liable for your damages. To learn more, call our Wellington premises liability lawyers today.
What Is Premises Liability Law?
When a person is injured on the property of another, the owner of that property may be held liable under the theory of premises liability. Essentially, this theory of liability holds that a property owner owes a duty of care to those who enter the property. If the duty of care is breached and a person is injured as a result, the injured party can file a claim against the property owner to recover compensation for their economic and noneconomic damages. Common types of injuries and accidents that may result in premises liability claims include:
- Slip, trip, and fall cases;
- Dog bites and attacks;
- Swimming pool accidents;
- Trampoline accidents;
- Amusement park injuries; and
- Negligent security cases.
A Property Owner’s Duty of Care
The duty of care of a property owner, which is owed to those who are lawfully on the property (but not to trespassers, to whom property owners owe no duty other than to refrain from causing willful and wanton harm), is to remedy any known hazards on the property within a reasonable amount of time. As such, in order to hold a property owner liable for one’s injuries, a person would need to prove that:
- The property owner owed them a duty of care (based on the person’s classification as a licensee or invitee);
- A hazardous condition existed on the property;
- The property owner knew or should have known about the hazardous condition; and
- The property owner failed to remedy the hazardous condition within a reasonable amount of time.
What is considered “reasonable” can vary based on the context. For example, it may be reasonable to clean up spilled milk in a grocery store aisle within 15 minutes of it happening, but it would be unreasonable to apply a 15-minute time limit to repairing broken steps.
If you have been injured on the property of another and think that you may have a premises liability claim, the best place to start is to schedule a free consultation with a qualified premises liability lawyer. At the office of Smith, Ball & Báez Injury Lawyers, our law firm would be happy to review your case free of charge, provide you with an overview of your options, and represent you on a contingency fee basis. We know how to investigate premises liability claims and prove a property owner’s responsibility, and we’re committed to working hard for our clients. To learn more about how we can serve you, please call us today or send us a message to get started.
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