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Businesses, public entities, and property owners have a duty of care to make sure that their property is reasonably safe. Sadly, too many fall short, allowing a dangerous condition to exist that results in accidents and injuries to the public. Whether you were catastrophically injured, suffer from broken bones, or even soft tissue damage, the resulting anxiety and confusion can be overwhelming as you deal with medical bills, debt, missing work, and lost income. The skilled attorneys at the Matian Firm can help you get the medical treatment you need and the compensation you deserve.
Our lawyers have a reputation for comprehensive representation, aggressive settlement negotiations, and successful litigation strategies. We are passionate about ensuring that our clients receive immediate treatment for their injuries and recover the maximum compensation from the at-fault party – sometimes while avoiding a lawsuit entirely.
Common Examples of Dangerous Conditions that May Result in Liability:
- Broken or damaged stairways
- Inadequate lighting or lack of handrails
- Unattended food or beverage spills in Supermarkets
- Damaged walkways without warning signs
- Poorly maintained park equipment (attractive nuisance)
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Premises liability refers to the legal responsibility a property owner has for the injuries another person suffered on the premises. This can take many forms. Some examples are: a homeowner invites company over for a barbeque and a guest is injured falling on a rusty piece of equipment in the backyard; or a shopper slips and falls on a spill that was not cleaned up at a grocery store. In order to demonstrate liability, the injured party must usually demonstrate that (1) the property owner had a duty of care to the injured party and (2) the property owner had reasonable notice that there was something dangerous on the property – usually referred to as the “dangerous condition” – that posed a risk to people on their property. The key question in assessing the “duty of care” is whether the injured party was invited on to the premises – whether it is a potential customer entering a business or an acquaintance invited into a residence. The second factor – whether there was reasonable notice of danger – depends on the facts and should be evaluated on a case-by-case basis. If you have any questions about how these factors apply to your situation, you should consult with an attorney right away to make sure you understand your options in pursuing a claim.
Filing insurance claims against another party can be complicated. There are different procedures depending on the party at fault. For example, if you are injured at someone’s residence, you may need to contact the owner’s insurance company which requires getting information from a (potentially uncooperative) property owner. Alternatively, if you are injured in a publicly maintained building or park, you may need to submit a tort claim to the correct government entity in a very short time period to avoid waiving your rights. Last, many companies have their own claims departments to handle injuries at their businesses. In order to protect your rights and make sure your claim is handled properly from the beginning, it is crucial that you retain an experienced personal injury attorney to navigate your claim successfully.