Property owners in Middlebury are obligated by the law to adequately maintain their property and take necessary measures to keep visitors reasonably safe. When a property owner defaults on their legal duty and neglects to fix unreasonably dangerous conditions, they will be liable if a person is injured by that condition while on the premises. You should consult with a Middlebury premises liability lawyer if you or a loved one was injured while on someone else’s property.
A knowledgeable personal injury attorney like Drew Palcsik at Champlain Valley Law will evaluate your case to determine whether the property owner may be held legally responsible for your injuries. Let us help you recover compensation for damages, including medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.
Common Premises Liability Claims and Injuries
The most common property accidents in Middlebury include:
- Animal attacks
- Trip, slip, and falls on unsafe walking surfaces
- Improper property maintenance
Those who have been injured on another’s property may suffer severe and sometimes long-lasting injuries, including back, neck, shoulder, spinal cord, head, severe brain trauma, and concussions.
These physical injuries may lead to significant financial and emotional ramifications, including medical bills, wage loss, pain, and suffering. A seasoned Middlebury premises liability attorney will fight hard to recover any and all damages to compensate you for these and other losses.
Proving a Premises Liability Lawsuit in Middlebury
Middlebury property owners owe a legal obligation to those who are lawfully on their premises to exercise due care to prevent accidents by eliminated unreasonably dangerous conditions. Individuals who are on the premises illegally would be classified as trespassers, and are therefore not afforded the same duty of care by property owners.
It is important to note that simply being injured while on someone else’s property does not necessarily mean the owner is responsible for your injuries. To assert a viable claim for money damages, Drew must prove that the property owner knew or ought to have been aware of the unsafe condition, failed to take the appropriate measures to remedy the issue, and that your injuries were the direct consequence of the owner’s failure to take proper action.
Comparative Negligence Rules
While liability may be well-defined in certain premises liability cases, sometimes, the court finds that both the owner and the injured party are both at fault for the incident. Under such circumstances, the state’s comparative negligence rules apply pursuant to 12 Vermont Statutes Annotated § 1036.
The law states that injured victims whose level of fault does not exceed that of the defendant’s may still recover compensation, less their percentage of liability. However, if an injured claimant’s degree of blame exceeds 51 percent, she or he will be unable to recover for any losses at all.
Timeline to File a Middlebury Premises Liability Case
12 V.S.A. § 512 provides premises liability claimants three years to file a civil lawsuit for compensation. The clock starts on the date of the incident. You should seek the advice of a diligent premises liability attorney in Middlebury at the earliest opportunity to ensure you do not lose the opportunity to be compensated for your losses.
Reach Out to a Middlebury Premises Liability Attorney
Proving a premises liability case can be extremely difficult without the assistance of a seasoned legal professional. Drew Palcsik, a Middlebury premises liability lawyer, will help establish that you were legally on the premises at the time of the incident, investigate whether the property owner was derelict in their duty of care, and seek the full range of damages which are be available to you.
Call today to learn more about how Drew can help your case.