When it comes to injuries, there are a lot of factors to deal with once you are suffering. You have to deal with the hospital, undergo any treatments, therapies and surgeries that are recommended to downgrade your pain level. In addition to that, if you were injured somewhere other than your own home, you have to deal with the legal repercussions and legal steps necessary to have the property owner help pay the hefty medical fees that are associated with your treatment.
How Do You Determine Who Is At Fault?
The first step to dealing with a situation where you were injured on a property other than your own is to determine who is at fault. If the property is not cared for in the manner required by law and is therefore unsafe, then the property owner is responsible. Likewise, if you were on a property for a legitimate reason and were acting in ways that were proper and safe, the liability falls to the property owner for that situation as well. If, for some reason, you were on another individual’s property and were acting recklessly or were there without reason and without permission, you may be wasting time. Still, it is best to consult a lawyer who can help you determine the person at fault for the injury you suffered. The lawyers at SM Law Group will be happy to help you consider any factors you may not have thought of and find the person responsible for your injury.
One important note here is that the reason you fell, for example, has to have come to be on the ground due to the actions or lack of action by the property owner. The property owner will not be liable if it is proven that another individual or group was responsible for the object that tripped you or otherwise caused your fall.
How Does Negligence Play Into Owner Liability?
When considering a property owner’s negligence, there are some factors to consider in determining whether they are negligent or simply uninformed. For example, if you were injured due to a piece of carpet that was loose or an obstruction in a well-traveled pathway, how long has that obstruction been there? Has there been time to notify the property owner? Are there communications that can be proven that attempted to make the property owner aware of the hazard?
Were you given any warning that the obstruction was present? Did you have a legitimate reason to be in the area of the obstruction, and more importantly, could the average person while paying attention have avoided the obstacle or was it hard to see?
A clear and concise discussion of events will go a long way toward helping an insurance adjustor get an accurate idea of the incident. In order to get financial assistance from a liable property owner, having all the potential issues covered in your conversation with the adjustor is a good first step. If you are unsure of certain things associated with that conversation, get in touch with a lawyer from SM Law Group, and they can help you better understand the proceedings.