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Library - Consumer Rights
Consumer Safety
BEING INJURED ON SOMEONE ELSE’S PROPERTY
While visiting
someone else’s home or place of business, a person may become
seriously injured. Such injuries may have arisen as a result of wet
floors, uneven steps or floors, falling objects, defective
elevators, defective roadways and sidewalks, poorly lit staircases,
inadequate security, dog bites, and other dangerous conditions on
the premises. Persons who are injured on someone else’s property
have recourse against property owners or managers.
Building and
home owners have a duty to exercise reasonable care of their
property to ensure persons are protected from an unreasonable risk
of harm. This means the owner has the obligation to inspect the
house or the building and either repair or adequately warn the
visitors of dangerous conditions on the property. If the property
owner knows of a dangerous condition on the property but fails to do
anything about it, the owner may be held liable for any injuries
suffered by visitors due to that condition.
What Should You
Do If You Are Injured on Someone Else’s Property?
1) Seek
medical attention immediately. – The severity of one’s
injuries are not always apparent. This is the reason why injured
persons should immediately seek medical care.
2) Take
photographs. - Now is the time to put to use that camera on the
cell phone. Immediately take photographs of the scene that display
the dangerous condition which caused the injury.
3) Gather
and preserve other relevant information or evidence. - Get the
names and contact information of any person who may have witnessed
the incident or who can describe the conditions of the floor,
lighting and other conditions at the time of the incident. Talk to
everyone who saw the accident; the more witnesses, the better. Also,
preserve evidence such as shoes and clothes that were worn when the
incident occurred. Items should be secured and stored without being
washed, cleaned, or changed in any way.
4) File or
obtain an incident report. – If the incident occurred in a
business establishment, inform the store manager or the security
officer and file an incident report. Before leaving the premises, be
sure to get a copy of this report.
5) Preserve
medical records. - Depending on the circumstances, the injured
person may be eligible to receive reimbursement of medical bills,
lost wages and other damages suffered as a result of the injury.
However, these damages will need to be proven. Proofs will include
medical records from treating doctors, details of procedures
performed, and receipts of any out-of-pocket expenses such as for
prescription medications or medical equipment.
6) Do not
sign anything without obtaining legal advice. - Following an
accident in someone else’s property, a person may contact you to get
more information about your injuries or ask you to sign a release.
Before signing anything consult with an attorney who specializes in
these cases and who will be able to advise you accordingly. Our law
firm offers a free case evaluation where you may ask questions and
determine if you have a meritorious claim. We also work on a
contingency fee basis; this means you will not owe your attorney any
fees, if no recovery is made.
7) Hire
experienced legal help if your injuries are serious. – The
insurance company of the property where the accident occurred will
investigate who was at fault in the accident. They have an incentive
to blame the injured person in order to avoid or minimize payment.
These companies are not there to help you.
Often, these
cases require the use of experts to prove the dangerous condition in
the property. An experienced attorney can provide that expert and
assist in your claim. Just because someone was injured does not mean
he or she can obtain compensation for his or her injuries. It may
take a team of attorneys and experts coupled with a reasonable
amount of planning and investigation to prove the case and convince
the other side that the injured person must be paid.
©
Law Offices C. Joe Sayas, Jr.
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