In a premises liability case, there was an injury that occurred on the property of another. It may have been a fall, hitting their head or other accident that caused them harm. The main thing that will need to be established is whose fault it was. When an accident takes place on property it may be the injured party that was failing to pay attention or was acting recklessly. It can also be the owner of the property that was negligent in providing a safe area on their land. This may be failing to keep up with basic maintenance to ensure everything is working adequately. It can also be not actively going around the property and getting rid of any potential dangers, such as keeping walkways clear. They may know that a danger exists but they do not fix it or offer warning.
Premises liability cases can involve and accident that is on the private property of an individual, or it can be public property like a park. Some places are open to the public but only during certain hours and this will need to be taken into consideration. When an injury takes place, the insurance company or the court if the case goes to trial will want to see a valid trail of evidence that it was the property owners fault if they are going to give compensation. This can be pictures of the area or accounts of the story that show the owner was negligent and that their actions were something a reasonable person would not do. If this can be demonstrated then there may be reason for damages to be collected that can pay for the cost of injuries. Cranston & Edwards, PLLC is a firm that comes very knowledgeable in these instances. Call our office and speak with a Morgantown injury attorney through a free case evaluation.