The short answer is that the person or entity responsible for injuries at a rental property is the liable party. Typically, the property owner is liable for injuries that occur on their property. According to slip and fall accident lawyers Hipskind & McAninch, an investigation will be conducted to determine the actual cause of the fall. If the cause of the fall was due to the property owner’s negligence, then they will be held liable for your injuries. But there may be some instances where the injured party shares responsibility for their injuries. This is why it is so important to hire a personal injury attorney with many years of experience in these types of cases so that they can fight for you to get the damages you deserve.
A Property Owner’s Duty Of Care
A duty of care is one’s legal obligation to act in a sensible way and use a reasonable standard of care whenever there is a possibility of causing harm or injury to another. What this means is that property owners must maintain their property so that it does not cause harm to any guests or visitors. They should regularly inspect the property, identify hazards and address them immediately. If they cannot fix hazards immediately, then the property owner is required to post signs warning against the hazard.
Therefore, to recover damages in your premises liability case, you must prove:
- That you were legally present on the property at the time of the accident or incident
- That the property owner owed you a duty of care
- The property owner did not warn you or fix a hazardous condition on their property, which resulted in your injuries
- You suffered losses as a result of your injuries
What are examples of types of risks on a rental property?
The most common areas on a rental property where an accident can occur are the lobby, workout room, elevators, pool, parking lot, sidewalks, and interior or exterior hallways and stairwells. Broken bannisters or stairs, uneven pavement, slippery or icy sidewalks, inadequate lighting, and fire safety and building code violations can all contribute to a person suffering injuries while visiting a property.
Many times in personal injury cases, the clothing or footwear of the injured victim come in to question. Missouri’s liability system is based on the legal doctrine of comparative negligence, which means that a plaintiff could be held partially responsible for their own injuries and may only collect damages in proportion to the property owner’s degree of fault. This means that the amount you receive in your settlement could be reduced by the percentage of fault that you share for the accident occurring.
The attorneys representing the defendant will argue that your footwear was not appropriate for the conditions you encountered at the rental property. Suppose you were wearing high heels in snow or around a pool deck where the ground is more slippery. In that case, the property owner might argue that your shoes were not appropriate for the conditions or circumstances. Therefore you contributed to your own accident by not making a more reasonable choice. If you were running, climbing over barriers, walking while distracted, or entered a prohibited area, then they will use these facts to determine if your own negligence played a role in your accident.
A compassionate personal injury attorney will take care of all the legal aspects of your premises liability case by investigating the incident and pursuing every avenue for obtaining compensation.
Damages In A Premises Liability Claim
The two most common types of damages in a personal injury claim are economic damages and non-economic damages. They include your medical costs, lost wages, future lost wages, the cost for future medical care, and all out-of-pocket expenses incurred due to the injuries caused by a premises hazard. Suppose you needed household services, vocational rehabilitation, or suffered property damage. In that case, you should include evidence of those losses in your claim so that you could potentially recover all compensatory damages.
Noneconomic damages are subjective, non-financial damages that are awarded in a personal injury claim to compensate a person for their emotional distress and pain and suffering. Going through trauma can cause anxiety, depression, and feeling like you’ve lost control of your life. Non-economic damages seek to compensate victims for the mental and emotional anguish the accident has caused them.
Talk To An Attorney Now
If you are concerned about how you will get a fair and just settlement after your injury on a rental property, then you need to speak to an attorney. A personal injury lawyer can investigate the circumstances surrounding your incident and negotiate the best settlement possible