A serious injury can happen on a business’s property, in a park, in someone’s house, or outside a business. In some of these instances, the owner of the premises may be liable for the injuries sustained.
If you’ve been injured on someone else’s premises due to their negligence, you may qualify for compensation. The attorneys at Brown Chiari LLP have the tools you need to get that compensation. Learn more about what to expect with a Rochester premises liability lawyer.
Premises liability for Rochester liability claims is defined as the responsibility of the property owners or occupiers to keep the premises in reasonable condition. It should be safe enough so as to not injure visitors who visit the property.
There are actions that Rochester premises owners can take to protect these visitors. They include the following:
In Rochester, it can be challenging to determine who is liable for your injuries, especially in places like construction sites where many parties may be involved. Your lawyer can review the evidence for your claim to determine fault.
There are exceptions to liability, such as if the visitor to the Rochester property was on the property illegally. This also includes those doing illegal actions on the property. If you were accused of trespassing or otherwise doing something illegal, your lawyer can help you take action.
Property owners often carry premises liability insurance to cover the costs if this happens. However, there are instances where the insurance will not cover the costs. Those owners who act carelessly or negligently may not be covered so talk to your lawyer about who’s liable.
Premises liability cases fall into three categories:
A licensee is like a salesperson. They are permitted to be on the property but are doing so for specific purposes. The property owner has a duty to inform the licensee of any dangers that may be on the premises.
Invitees are invited to the property specified by the property owner. In a home or apartment, they are usually a family member or friend. If the place is a store or restaurant, the invitee is a customer being invited to come to eat or spend money. Invitees are supposed to be warned of possible dangers.
Trespassers are those that enter a property without permission. They are not owed a duty of reasonable care unless these trespassers are children.
If you’re an injured party, you may be able to file a claim for compensation. You have to prove some things. First, the property owner knew the danger existed and didn’t address the danger or warn those who visited the property of it. You’ll also need to prove this negligence of the property owner led to the accident. Finally, you’ll need to prove you were injured because of this.
If you can prove that the above happened, you may be entitled to compensation for the damages you’ve sustained. These cases can become complicated, however, so it is important to seek help from an experienced New York premises liability lawyer.
There are many common damages that those injured seek compensation for in Rochester premises liability claims. You may be focusing your claim on the injuries you’re paying for. However, there are other damages, both economic and non-economic, that you may be eligible for.
Any medical expenses that have been incurred from the injuries such as surgeries, therapy, ongoing treatment, and other medical expenses may be compensated. Serious injuries like brain trauma can be expensive to overcome. Loss of income or earning capacity when you’re unable to fulfill the same duties you once were able to can also be included.
Any pain and suffering or emotional trauma caused by the accident, along with lost relationships or enjoyment of life because of it, should be counted. When your life is altered, you may qualify for payment because of this.
If you’re unsure what your damages are worth, seek help from a premises liability lawyer in Rochester. Your lawyer can help you recover all the damages you’re due, so you can focus on your health.
In Rochester, seeking compensation and proving carelessness or negligence can be tough. This is why you may need to reach out to an experienced Rochester premises liability lawyer.
At Brown Chiari LLP, you can speak with our professionals to find out your next steps. Give us a call at 716-681-7190 or contact us through our online form to start with a free consultation.