Accidents can happen anywhere, including public places. If you have been injured in a public place due to unsafe conditions, you may wonder if you have the right to file a premises liability claim. At Viles & Beckman, our team of experienced Fort Myers premises liability lawyers understand these types of claims and will fight to get you a positive outcome.
In this article, we will explore the possibility of filing a premises liability claim for injuries sustained in a public place and provide valuable information to help you understand your legal options.
Our personal injury law firm is dedicated to helping you navigate the ins and outs of your claim. Let’s explore the possibility of filing a premises liability claim for injuries sustained in a public place. Below, we’ve outlined some key factors to consider, and provided valuable information to help you understand your legal rights and options.
Need Help Understanding the Basics of Premises Liability?
The concept of premises liability is layered but simple. Premises liability refers to the legal responsibility of property owners to maintain a safe environment for visitors. This responsibility extends to both private and public properties.
Duty of Care in Public Places
Public places, such as parks, sidewalks, and government buildings, must ensure the safety of individuals who visit these areas. The duty of care may vary depending on the type of public place and the specific circumstances. For example, a government entity may have different obligations compared to a privately owned business.
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How Can I File a Premises Liability Claim?
If you’ve sustained a personal injury in a public place like a mall or restaurant, you can file a premises liability claim successfully by:
- Prioritize your health: Seek immediate medical attention for your injuries to ensure your well-being and establish a medical record for your claim.
- Consult with a Fort Myers premises liability lawyer: Get in touch with an experienced premises liability lawyer, like Viles & Beckman, who will assess your case, explain your legal options, and provide guidance.
- Investigation and evidence collection: Your lawyer will conduct a thorough investigation, collecting evidence such as photos, witness statements, and incident reports to establish negligence.
- Liability and damages: Your lawyer will work to prove that the property owner breached their duty of care, caused your injuries, and calculate your damages.
- Notification and demand: Your lawyer will notify the property owner of your claim and present a demand letter outlining your case and compensation expectations.
- Negotiations and settlement: Your lawyer will negotiate with the property owner’s insurance company to reach a fair settlement, always advocating for your best interests.
- Trial, if necessary: If a settlement cannot be reached, your lawyer may recommend filing a lawsuit and representing you in court.
Throughout the process, your Fort Myers premises liability lawyer will handle all legal aspects, communicate with involved parties, and tirelessly pursue your claim to secure compensation such as medical bills, lost wages, pain and suffering, reduced quality of life, and possible punitive damages.
How to Successfully Establish Negligence in a Premises Liability Case
To file a premises liability claim for an injury sustained in a public place, you must establish negligence on the part of the responsible party. Negligence occurs when the property owner fails to fulfill their duty of care, resulting in an unsafe condition that causes harm. It is crucial to gather evidence, such as:
- Pictures of the scene and injuries
- Statements or contact information from witnesses
- Copies of incident reports
- Surveillance footage, if possible
Can a Premises Liability Claim Be Filed Against a Government Entity?
When it comes to injuries sustained in public places owned or maintained by government entities, there may be additional considerations. Government entities often have immunity from certain types of lawsuits, making it more challenging to pursue a premises liability claim without a Fort Myers personal injury lawyer.
However, there are exceptions to governmental immunity, such as cases involving gross negligence or intentional misconduct.
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What Common Issues Arise in Premises Liability Cases?
Having an attorney will mitigate some of the challenges that arise with insurers or the responsible party during a premises liability case. Common issues include:
- Denial of liability
- Low settlement offers
- Challenging the validity or extent of injuries
- Disputes over negligent behavior
- Stall tactics
- Comparative negligence disputes
Dealing with insurers or responsible parties can be challenging, especially when they employ these tactics to minimize their liability or the compensation owed. Having an experienced premises liability lawyer from Fort Myers by your side can help you navigate these common issues, negotiate effectively, and ensure that your rights are protected throughout the claims process.
Contact Viles & Beckman today to discuss your case in a risk- and cost-free consultation.
Call or text (239) 334-3933 or complete a Free Case Evaluation form