Missoula Premises Liability Lawyer

Spending time at a hotel or shopping at a boutique is usually a safe and enjoyable experience. However, accidents can happen when property owners or caretakers fail to maintain a safe environment for their guests.

If you get injured due to a hazardous or defective condition on someone’s property, you may be eligible to receive compensation for your medical expenses, lost income, and emotional distress through a premises liability lawsuit.

Proving negligence and building a case can be complicated, so you will want to have the help of a premises liability attorney from Missoula. These legal professionals can carefully examine the details of your claim and determine if you have a strong basis for a lawsuit.

At Western Justice Associates, PLLC, we have helped many accident victims recover their losses in premises liability cases. If you want to file a claim against a negligent property owner, contact our office for assistance.

What Is Premises Liability?

Premises liability often comes into play with personal injury cases, especially when someone is injured due to an unsafe or defective condition on another person’s property. Under this legal concept, the property owner owes the visitor a duty of care to keep the space safe. If they fail to do that, resulting in injuries, they can be held legally responsible for the damages.

Types of Premises Liability Cases

Several situations can lead to premises liability lawsuits. They include:

• Slip and falls: One of the common types of premises liability lawsuits, these claims happen when the property owner fails to maintain the property in a safe condition. As a result, this has led to a slip or trip and fall. These incidents often occur due to wet floors, uneven surfaces, or other hazards the property owner should have addressed.
• Inadequate maintenance: Sometimes, the property owner needs to fix a hazardous condition on the property, such as a pothole in a parking lot or a faulty stairwell in a building. In these cases, they could be held liable if they knew or should have known about the dangerous condition but failed to correct it.
• Poor security: In some cases, a property owner can be held liable for injuries caused by a lack of security. These incidents usually involved a third party who committed a crime while on the property. Due to the lack of any security, an innocent party was victimized.
• Defective conditions: These claims center around the design or construction of the premises. There was some defect that led to the injury. For example, if a railing was improperly installed and gave way, causing injuries, that could be considered a faulty condition.
• Swimming pool accidents: Any accident in a swimming pool could be a premises liability claim. This is true, especially if they have not taken reasonable steps to secure the pool area and prevent accidents.
• Dog bites: If a dog bite or attack occurs on another person’s property, the owner may be held liable, especially if the dog is an aggressive animal.

These are just a few of the cases that involved premises liability. If you have been hurt on another person’s property, you may be able to file a lawsuit in Missoula.

Does Negligence Play a Role?

Negligence in a premises liability lawsuit occurs when a property owner falls short in upholding a degree of caution that a reasonable person would have demonstrated under similar circumstances.

With this standard of care, the owner must maintain the property in a safe condition and promptly address any known dangers. If a property owner fails to meet this standard, the owner can be considered negligent. As a result, they may be held legally responsible for the injuries.

Proving negligence can be difficult, especially if you don’t have a qualified Missoula premises liability lawyer to assist with your case. These cases must establish several key elements, including:

• Duty of care: In premises liability cases, this defendant must have owned or controlled the property where the injury occurred. With that, they had a duty to maintain the property in a safe condition for all visitors.
• Breach of duty: Once the duty of care is established, a plaintiff must prove that they breached this duty of care. In these cases, the claimant needs to provide evidence that the defendant knew or should have known about the dangerous condition on the property. Additionally, they failed to take reasonable steps to remedy it.
• Causation: There must also be causation. With that, the breach of duty was the direct cause of an injury. In other words, if the property owner were not negligent, the plaintiff would not have been injured.
• Damages: Finally, someone must have suffered actual damages due to the defendant’s negligence. These damages can cover everything from medical expenses to pain and suffering.

There is good news if you are wondering how to establish these elements in your case. A Missoula premises liability lawyer can help you build a strong case for your injury lawsuit.

What Are the Steps in a Premises Liability Lawsuit?

If you believe you have a solid basis for a premises liability lawsuit, you will want to know what to expect with your case. Generally, these claims follow these steps:

• Consultation: During this time, you will discuss the details of your case, including the details surrounding your accident and the nature of any injuries. Along with that, there may be a quick analysis of your evidence. After that, the lawyer will assess the viability of your claim so that you can take the best course of action.
• If the attorney decides to take your case, you will need to gather evidence. You may want to collect your medical records, any evidence from the accident scene, and witness statements. Additionally, the lawyer will also launch their own investigation into your claim and consult with accident and medical experts in the field.
• Filing a lawsuit: After you have collected enough evidence to support your case, your attorney will initiate a lawsuit on your behalf. In the complaint, your Missoula premises liability lawyer will outline your claims, present the supporting facts, and specify your intended damages. After being served, the defendant must respond in a certain amount of time.
• Discovery process: Many people believe that the negotiations will be the next step, but often the next step is discovery. During this stage, both sides can request information from the other.
• Negotiation and settlement: If the evidence is strongly in your favor, then the defendant’s legal team and insurance company may negotiate. Your lawyer will work to ensure you get a settlement that is fair to you.
• Trial: Sometimes, a settlement cannot be reached, the case will go to trial. Your Missoula premises liability lawyer will present your case to a judge or jury. They will decide whether the defendant’s liability for your damages and the amount of a settlement.

Steps for Your Premises Liability Claim

It might be time to consult with a Missoula premises liability lawyer. If you have been injured on someone else’s property, let a knowledgeable and experienced attorney handle the legal process.

At Western Justice Associates, PLLC, our Missoula premises liability lawyers will help you build a solid foundation for your claim. Take the next steps and explore your options; schedule a consultation with one of our attorneys today.