Premises liability cases result in serious life-changing injuries for victims. You may have grounds for a premises liability case when injured on someone else's property. If the property owner or manager fails to maintain a safe environment or warn you about hazards, they may be liable for your injuries. But what kind of compensation can you expect in a premises liability case? In this article, we will explore various types of damages for premises liability claims.
What is a Premises Liability Case?
A premises liability case arises when someone is injured on someone else's property due to hazardous or unsafe conditions. These cases can occur in various settings, like commercial or residential properties, parking lots, construction sites, or public parks.
To prove a premises liability case, the plaintiff must show the following:
- the property owner had a legal duty to ensure their safety,
- the property owner breached that duty,
- and the breach caused the plaintiff's injuries.
And for that, the plaintiff must show that the property owner knew or should have known about the hazardous condition and failed to address it promptly and reasonably.
Premises liability cases can arise in various situations, such as:
- Slip and Fall Accidents: Injuries resulting from slips or trips on hazards (like a wet floor, uneven pavement, or debris on the ground) are common in premises liability cases.
- Dog Bites: If a dog attacks and injures someone on the owner's property, the owner may be liable for the victim's damages.
- Swimming Pool Accidents: Swimming pool owners are responsible for preventing accidents and may be held liable for any injuries or drowning incidents on their property.
- Elevator and Escalator Accidents: Property owners are responsible for maintaining elevators and escalators to prevent accidents, such as malfunctioning or sudden stops
What Are Damages in Premises Liability Cases?
Damages refer to a victim's compensation for their losses or injuries. The following are some of the most common types of damages sought in premises liability cases:
Medical Bills - Both Short-Term and Long-Term
Victims of premises liability cases are entitled to compensation for the medical expenses they incur due to their injuries. This includes short-term and long-term medical bills, like emergency room visits, hospitalization, surgery, medication, rehabilitation, and other medical treatments necessary to recover from the injuries.
Physical and Occupational Therapy
In addition to medical bills, victims may require physical or occupational therapy to regain mobility and independence after an injury. Physical therapy improves strength, flexibility, and range of motion, while occupational therapy helps victims relearn basic activities of daily living, including bathing, dressing, and eating.
Lost Income
Victims may be unable to work because of their injuries, resulting in lost income. Compensation covers both past and future earnings for victims' lost income due to injuries.
Pain and Suffering
Victims may experience physical pain and emotional distress due to the injury. Pain and suffering damages compensate the victim for the physical and emotional toll the injury has taken on their life.
Mental Anguish
Mental anguish falls under pain and suffering and refers to emotional distress, like anxiety, depression, or PTSD, caused by the premises liability incident.
Wrongful Death
Wrongful death occurs when someone dies due to another person or entity's negligent or intentional actions. The victim's surviving family members can seek compensation for their losses because of the death.
Punitive Damages
Punitive damages are damages awarded in a civil lawsuit to punish a defendant for their wrongful conduct and deter them and others from engaging in similar conduct in the future. These damages penalize the defendant and deter similar actions rather than compensate the plaintiff for any particular injury.
If you've been injured on someone else's property, you may be entitled to compensation for your injuries and other damages. At Whalen Injury Lawyers, we have a team of experienced premises liability lawyers to help you navigate the legal process and fight for the justice you deserve. Contact us today and let us handle your premises liability claim.
