You work with a personal injury lawyer to argue that the owner or operator of a particular property is legally responsible for your personal injury accident.
Personal injury lawyers in Huntsville know that a premises liability case exists when you get hurt while on premises that were unsafe. You’ll need to prove (with your lawyer) that the at-fault party occupied, owned, or leased the property. You’ll also have to prove that the defendant was negligent when he or she used the property. Two other things that you’ll have to prove are that you were harmed and this harm was largely caused by negligence on the part of the defendant.
Defendant leased/owned the property
You don’t have a case if you and your personal injury lawyer can’t prove that the defendant, occupied, leased or owned the property that you were hurt on. This will be easy to prove in a good premises liability case because the defendant’s duty of care will be obvious.
Negligence on the property
Personal injury lawyers know that they will need to file evidence for proving that the defendant was using the property negligently if you want your premises liability case to hold up either in or out of court. This means proving that the defendant failed to exercise a certain duty and standard of care.
Liability based on the status of the person on the land
There are three basic statuses that people on a particular property can have:
● Invitees – these are people who have legal permission to be on the land because the defendant invited them onto the land. The defendant owes these people a certain duty of care because he or she invited the people onto his or her property.
● Licensees – these people have implied permission to be on the property. The defendant still owes a certain duty of care towards these people. However, these people become trespassers if the defendant asks them to leave and they fail to do so!
● trespassers – these people don’t have permission from the defendant to be on the property. The defendant doesn’t owe them a duty of care and can even harm them in self-defense when trying to drive them off of the land.
Liability due to negligence
Personal injury lawyers know that this status no longer is on the legal books in many states. The defendant must warn you in advance of any dangers on his or her property that you couldn’t possibly have known about. This includes dangers that the defendant should have known about if he or she was careful.You have to prove that you were hurt. You can do this by submitting medical bills or the testimony from your doctor or other legally approved experts. You have to prove that the defendant’s actions caused your injuries. You don’t have a case if you’re unable to do this.