Bozeman Premises Liability

Whether heading to the grocery store or attending a friend’s birthday party, you never expect to be hurt on these properties. Sometimes, these incidents can be attributed to pure accidents. However, when the owner, landlord, or management company fails to keep the property safe for visitors, it could lead to a premises liability case.

If there is an unsafe or defective element to the property, and someone gets hurt, they may be able to collect compensation for medical bills, lost wages, and even pain and suffering.

Proving negligence and elements of a premises liability suit can be difficult. For that reason, you want a Bozeman premises liability lawyer on your side. These legal professionals can examine your case’s aspects and determine whether you can pursue legal action.

At Western Justice Associates, PLLC, we have worked with accident victims to recover damages and losses in these cases. If you would like to know if you qualify, reach out to our office.

What Is Premises Liability?

Premises liability refers to the legal responsibility that property owners have for accidents and injuries that occur on their property. These principles dictate that owners have a duty to maintain their property in a safe condition, taking reasonable steps to prevent accidents and injuries.

One of the most common types of premises liability cases involves property owners failing to repair hazards, such as a cracked sidewalk. If a property owner fails to fix these dangers and a visitor is injured as a result, the property owner could be held liable for any injuries.

Many premises liability cases center around property owners failing to warn visitors of potential dangers. They may need to warn visitors about construction areas or put up a sign for a wet floor. Once again, any injuries due to the owner’s breached duty can lead to a lawsuit.

In some cases, property owners are also responsible for providing security to prevent criminal activity.

This type of premises liability usually involves hotels, shopping malls, or apartment complexes. If an owner fails to provide adequate security measures, resulting in someone being harmed, the property owner could be liable for damages and losses.

Establishing Elements in a Premises Liability Case

Sometimes, determining negligence is easier said than done. In premises liability cases, you and your legal team have to provide four key elements, such as:

• Duty of care: You need to show that the property owner or the management team was responsible for maintaining the property or warning of any dangers.
• Breach of duty. Within that established duty, the owner or manager failed to fulfill this obligation, which led to dangerous conditions on the property.
• Causation: You have been directly injured due to these hazardous conditions
• Evidence of damages or injuries: You have proof, such as a medical record, that you were injured due to this negligence.

What Are the Most Common Premises Liability Accidents?

These accidents are varied, and the consequences can range from minor injuries to death. Some of the most common accidents are attributed to:

• Slips, falls, and trips
• Broken handrails and stairs
• Obstructed or damaged walkways
• Falling objects
• Fires
• Unsafe swimming pools
• Ice and snow
• Chemicals or other toxic fumes
• Dog bites and other animal attacks
• Poor lighting
• Inadequate security or other safety measures

These accidents can result in:

• Broken bones
• Head and brain injuries
• Cuts and abrasions
• Spinal cord injuries
• Disfigurements
• Amputations
• Death

You may have a claim if you or a loved one have been hurt while on someone’s property. A Bozeman premises liability lawyer can help you determine whether the owner acted negligently in their actions or inactions.

Who Is Responsible for These Incidents?

While you may automatically want to place fault on the property owner, other negligent parties could be responsible for any injuries and damages. Depending on the incident, you could also file a premises liability lawsuit against:

• Property owners
• Landlords
• Management companies
• Tenants or renters
• Governmental entities

Another important part of these cases is visitor classification. They can help determine whether you can pursue a legal case. There are three types:

• Invitee: As an invitee, you have permission to enter a property, such as a diner at a restaurant. Property owners owe their clients the highest duty of care, often performing regular safety inspections to keep the property safe. If they fail to address any hazards or notify visitors of danger, they could be liable for damages and losses.
• Licensee: These individuals have permission to be on the property for non-commercial purposes, like friends or family members. Unlike invitees, these property owners are not required to make regular safety inspections. However, they still have to warn visitors of any hazards on the property.
• Trespasser: A trespasser enters a property without the owner’s permission. In most cases, no duty of care is owed to the individual.

These claims can become very complicated. For that reason, you will want to hire a Bozeman premises liability lawyer to help you collect evidence, establish negligence, and seek compensation for the responsible parties.

Premises Liability Damages

When you suffer an injury or damage to someone else’s property, you can claim compensation for both economic and non-economic losses. These losses may include:

• Medical bills
• Future medical or rehabilitation treatment
• Lost wages
• Reduced future earning capacity
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life
• Property damage

In some cases, if the property owner or management team was highly negligent in their actions, the courts could award punitive damages. These awards punish the guilty parties for their wrongdoing and act as a preventative measure to stop any similar behavior in the future.

Why You Need a Premises Liability Lawyer

These cases can become very complicated, as you have to prove negligence and establish all the facts of the incident. In some situations, the property owner may even want to blame you for your injuries.

Along with that, you may have to negotiate with the insurance company. Often, they will want to settle for less than you deserve. And if you don’t know the total amount of your current and future damages, you could lose out on compensation.

With all that in mind, leave the legal process to an experienced, skilled, and well-qualified attorney specializing in this law area. At Western Justice Associates, PLLC, our Bozeman premises liability lawyers will help you every step of the way, from filing a claim to representing your interests in court.

If you have been injured on another person’s property, you may have legal options. Schedule your consultation with one of our attorneys today.