Premises liability cases are often misunderstood, and many property owners rely on myths and misinformation to avoid being held accountable for accidents on their property. When an injured party files premises liability claims, they frequently face challenges from property owners and insurance companies for premises liabilities. Both parties aim to minimize or deny liability. Moreover, property owners often use several myths about premises liability cases to avoid responsibility, which are equally damaging.
Therefore, it’s necessary for victims or people dealing with premises liability claims to educate themselves on the topic. However, here’s a quick look at why it matters even more.
Why Learning Myths About Premises Liability Cases Matters
If victims don’t know these myths and their truths before pursuing their personal injury cases, the process might become challenging for them.
Similarly, there might be a situation where property owners owe victims compensation for damages. However, they go ignored because of the misconceptions about premises liability and personal injury law.
A personal injury attorney can help deal with such complicated cases and hold the property owner liable if required. However, you should still educate yourself about premises liability law.
Understanding the truth behind these misconceptions is essential for handling premises liability law and ensuring that injury victims receive full and fair compensation for damages sustained on someone else’s property. Before discussing further, we’ll start with some basics about premises liability law.
What is Premises Liability Law?
Premises liability law holds property owners legally responsible for maintaining safe conditions on their premises. If a hazardous condition causes an injury, the property owner may be held liable, provided the plaintiff suffered actual damages due to the owner’s negligence.
However, liability claims can be complex, and misconceptions about premises liability often create confusion and prevent victims from pursuing valid claims.
Most Common Myths About Premises Liability Cases
Here’s a breakdown of the most common myths about premises liability cases that you should know:
Myth 1: If You Get Hurt on Someone Else’s Property, the Owner is Automatically Liable
A common belief is that if an injury occurs on private property or public property, the owner is automatically held responsible. However, premises liability law requires the injured party to prove that the property owner knew or should have known about the hazardous condition and failed to take appropriate safety measures.
Liability is not automatic; it depends on whether the property owner’s actions or inactions directly contributed to the injury. Consulting a skilled premises liability attorney can help establish negligence in such cases.
Myth 2: Premises Liability Claims Only Apply to Slip and Fall Accidents
While slip and fall accidents are among the most common premises liability cases, they are not the only type of claim covered under premises liability law. The slip and fall accidents in Nevada are among the most dangerous types of accidents. Other incidents that may lead to liability claims include:
1. Swimming pool accidents
If a property owner fails to implement proper safety measures, they can be held liable for drownings or injuries.
2. Construction site injuries
Property owners and contractors can be held responsible for unsafe conditions leading to worker or visitor injuries.
3. Amusement park accidents
Negligent operations, poor maintenance, or unsafe conditions can result in injuries.
4. Negligent security
If inadequate security leads to an assault or injury, the property owner may be liable.
Any dangerous condition that leads to injuries occurring on a property could result in a valid liability claim. This can even include a daycare liability if the management’s negligence leads to an injury for your child. However, a premises liability lawyer can evaluate the circumstances and determine whether a claim is warranted.
Myth 3: If a Property Owner Posts Warning Signs, They Are Not Liable
Some property owners believe that simply posting a warning sign is enough to absolve them of liability. While warning visitors about potential hazards is an important safety measure, it does not automatically prevent legal responsibility.
If the property owner failed to take reasonable steps to correct a dangerous condition or if the warning was inadequate, they could still be held responsible.
An experienced premises liability attorney can assess whether a warning was sufficient or if negligence played a role in the accident.
Myth 4: Comparative Negligence Prevents Injury Victims from Recovering Damages
Comparative negligence refers to situations where both the injured party and the property owner share fault for an accident. Many people mistakenly believe that if they bear any responsibility for their injury, they cannot recover damages.
However, most states follow a modified comparative negligence rule, meaning the plaintiff can still receive compensation as long as they are not more than 50% at fault.
Even if injury victims share partial blame, an experienced premises liability lawyer can fight for a fair settlement.
Myth 5: Minor Injuries Are Not Worth Filing a Premises Liability Claim
Victims of fall accidents and other incidents sometimes hesitate to file personal injury claims because they believe their injuries are not severe enough. However, even seemingly minor injuries can lead to:
- High medical bills
- Lost wages due to missed work
- Long-term complications or chronic pain
The key factor in a premises liability case is not just the severity of the injury but whether the property owner’s actions or inactions caused the injury. Seeking legal representation from a premises liability attorney can clarify whether a claim is valid.
Myth 6: Insurance Companies Always Offer Fair Compensation
Insurance companies often prioritize minimizing payouts over providing full and fair compensation to injury victims. They may:
- Downplay the extent of injuries sustained
- Argue that the injured party was at fault
- Delay processing claims in hopes of a lower settlement
Accepting the first settlement offer without consulting a skilled premises liability attorney can result in compensation that does not adequately cover medical expenses, lost wages, and other damages.
A premises liability lawyer can negotiate with insurance companies to ensure victims receive the compensation they deserve.
Myth 7: Filing a Premises Liability Lawsuit Will Significantly Increase the Property Owner’s Insurance Premiums
Some injury victims hesitate to take legal action because they worry it will lead to higher insurance premiums for the property owner. While insurance rates may be affected by claims, this should not deter an injured party from seeking rightful compensation.
Holding negligent property owners accountable helps promote safer environments for everyone. Additionally, many premises liability attorneys work on a contingency fee basis, meaning clients do not have to pay legal fees unless they win the case.
Why You Need a Experienced Attorney for Premises Liability:
Handling the legal process of premises liability cases can be overwhelming. An experienced premises liability attorney can:
- Gather critical evidence to support your claim
- Negotiate with insurance companies on your behalf
- Ensure you receive full and fair compensation
- Provide legal representation in court if necessary
What Damages Can You Potentially Recover?
Depending on the circumstances, an injured party may be entitled to recover damages for:
- Medical bills (both current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Punitive damages in cases of extreme negligence
- Rehabilitation and long-term care costs
Moreover, property owners often use several myths about premises liability cases to avoid responsibility. These myths are equally damaging.
Final Thoughts
Premises liability cases are frequently surrounded by myths that property owners and insurance companies use to evade responsibility. Understanding the truth about these cases empowers injury victims to seek justice.
Fight Your Premises Liability Claims With BLG
If you or a loved one has been injured due to hazardous conditions on someone else’s property, contacting an experienced premises liability attorney at Bourassa Law Group is the first step toward holding the responsible party accountable and securing rightful compensation.
We can help you if it’s your personal property or someone else’s. All you need to do is let us know the details of the case and the premises liability attorney will take care of the rest.
1-800-870-8910