When to File a Premise Liability Claim

A premise liability claim is appropriate when you were hurt or when your property was lost or destroyed due to negligence on the part of the property owner.

For example, if you were at a gym and the floor was very slippery and not maintained, you might be able to win a jury award or a settlement from the owner if your attorney could establish that they didn’t take proper measures to ensure your safety.

Liability waivers.

There are many establishments—workout facilities, swimming pools, amusement parks, etc.—where the visitors are either required to sign a waiver or are notified that any activity they undertake at the establishment is at their own risk. In these cases, you may not have an option to sue if you're injured. If there is signage warning you to stay out of a certain area, such as a loading zone, a wet floor or a machine room, you may not have any legal options if you defy these warnings and are hurt as a result. If you weren't warned, however, and are injured because of that, you may have an option to sue. Every case is unique, and should be evaluated by a premises liability lawyer in order to investigate all aspects of the case.

Taking risks.

If you're taking unreasonable risks at an establishment, you probably won't have any recourse if you're injured. For example, if you go down the railing on an escalator—or your child does—that really isn't the property owners fault or, at least, a jury will probably not think so. The key is to talk to a personal injury lawyer and see what they think about the matter. They're experts in this field and, if they think that a property owner did, in fact, put you or someone you love at risk without cause or warning, they may advise you to file a lawsuit.

Going to trial.

The jury will ultimately determine whether or not your claim is valid. The personal injury attorney you hire, however, will be instrumental in arguing the case effectively and in giving you the best odds of winning your claim. If you want to meet with an attorney to discuss your case, look for one that works on contingency. This usually comes with a free consultation so, if you want to go ahead and find out without any risk to yourself, you can take this option.