A bright spring morning. It’s time to open the camp.
You realize that you need to replace some wood around the shed that has begun to rot, so you and your spouse head to one of the “big box” stores on Cornelia Street to pick up some supplies.
You enter the store and find the aisle with the wood you’re looking for. As you bend down to retrieve a 2-by-6 board from one of the lower racks, a blow to the head knocks you to the ground. A piece of lumber from one of the upper racks has not been stacked properly and it fell, hitting you squarely on the head.
Months after the injury, you still cannot work. It begins with the headaches, followed by overwhelming feelings of depression and loss.
The “big box” store is sorry that it happened, but it wasn’t their fault they tell you. You’re on your own.
We took that case and took the fight to the store in court. And while we couldn’t take away what happened to this family, we did settle the case for enough money to at least remove financial stress from the equation.
Avoidable injuries happen all the time. We sometime call them “accidents,” but when these accidents happen on the property of another person or entity whose carelessness caused you harm, you are entitled to monetary compensation for your losses. Drew Palscik at Champlain Valley Law could help your case.
Understanding Premises Liability and Negligence
The legal theory known as premises liability is based on the idea that property owners owe a duty to protect their visitors in certain cases. It is really just one type of negligence. The standards of care that have been developed are intended to encourage property owners to maintain the conditions of their property carefully. If a property owner chooses not to use reasonable care in the maintenance of his or her property, the owner may be held financially responsible for any injuries that occur as a result of the negligence.
There are many common hazards that come to mind when considering what constitutes a premises liability claim. The majority of these claims involve some form of trip or fall on an unsafe walking surface. The claim could arise from something as simple as a property owner failing to replace a loose floor tile or stairway tread. Other claims may arise from liquids that have been left to accumulate on floors for an unreasonably long period of time.
There are other potential premises liability claims that are less obvious. For example, if a business owner chooses to leave electrical wiring exposed or in a hazardous condition, they could be held responsible for any electrocution injuries that occur. An experienced Plattsburgh premises liability attorney could advocate on your behalf and file a claim.
How Do You Hold A Property Owner Responsible?
It is not enough for a Plattsburgh premises liability attorney to prove you suffered an injury on another person’s property. The attorney needs to prove that the property owner or manager had a duty to protect you from a foreseeable hazard and failed to protect you from that harm.
The duty and standard of care that a Plattsburgh property owner owes can differ from one visitor to another and it can sometimes be difficult to determine who exactly owed the duty.
Generally, property owners are responsible for their property when they are in possession – that is, they occupy or control the property. In other cases, a property manager or tenant may be the responsible party.
You must also lawfully be on the property, either as an invited guest or if the property is open to the public or you are working there.
The must be a hazardous condition on the premises. That is, something that is unreasonably unsafe – poor lighting conditions, broken floors or railings – any of these and more can be considered unreasonably unsafe depending on the case.
Finally, the responsible party must have allowed the unsafe conditions to exist by either failing to inspect, inspecting but not repairing, repairing but not fixing, or failing to warn of an unfixable condition.
What Can You Recover If You Are Injured on Someone’s Property?
If you successfully prove that the responsible party did not meet the safety standards for the property, and you were injured, you are entitled to monetary compensation for all of the harms and losses you experience as a result of the negligence.
Sometimes this includes the cost of medical care, lost wages and out of pocket expenses. However, in our experience, the true heart of the claim is usually the human losses that result from injury. Pain, stress, anxiety, discomfort, loss of enjoyment of life – each of these is a type of harm that can and should be considered as part of your damages.
Allow an experienced Plattsburgh premises liability lawyer work with you to develop your case and recover all of the damages allowed under the law.
Let a Plattsburgh Premises Liability Attorney Help
There are countless types of injury claims that arise due to unsafe conditions on another person’s property. While these cases all vary to some degree, there is value in having legal counsel with experience handling premises liability cases. Whether your injuries include broken bones, head trauma, or spinal damage, pain, trauma, and financial stress are sure to follow.
With a seasoned property accident attorney, your odds of winning a fair settlement or prevailing at trial could increase dramatically.
Let a Plattsburgh premises liability lawyer help you win your case. Call Champlain Valley right away to learn how our legal team could help you seek the compensation you are entitled to.