Premises liability claims arise when someone is injured due to dangerous or unsafe conditions on another person’s property. These cases cover a wide range of accidents, from slip and falls to injuries caused by inadequate security or poor maintenance. Filing a premises liability claim can be complex, and many individuals make critical mistakes that can significantly reduce their chances of receiving fair compensation. Understanding what to avoid can help protect your rights and ensure you get the compensation you deserve.
1. Failing to Document the Incident Thoroughly
One of the biggest mistakes in a premises liability case is the lack of proper documentation. Without sufficient evidence, it becomes incredibly difficult to prove negligence on the part of the property owner or manager. You must act quickly to collect and preserve crucial evidence that supports your claim.
Here’s what you should do immediately after the accident:
- Take photographs and videos of the accident scene, including the hazardous condition that caused your injury (e.g., wet floors, broken stairs, or poor lighting).
- Gather witness statements from anyone who saw the incident. Their testimonies can corroborate your version of events and strengthen your claim.
- File an official incident report with the property owner, manager, or relevant authority. Get a copy of the report for your records.
- Seek medical attention right away, even if your injuries seem minor. A doctor’s evaluation provides a record of your injuries and links them directly to the accident.
If you fail to document the scene, you risk the property owner making quick repairs or changes, eliminating evidence of the dangerous condition. Having thorough documentation strengthens your case and limits the defense’s ability to challenge your claim.
2. Delaying Medical Treatment
Many individuals make the mistake of delaying medical treatment, thinking that their injuries will heal on their own or are too minor to warrant professional care. However, even minor injuries can evolve into more serious conditions over time. Delaying treatment not only jeopardizes your health but also weakens your premises liability claim.
Insurance companies and defense lawyers often argue that a delay in medical treatment suggests that your injuries aren’t as serious as you claim. By seeking prompt medical care, you establish a clear connection between the accident and your injuries. Moreover, having medical records showing the extent of your injuries helps ensure that you receive the compensation you need for medical bills, rehabilitation, and pain and suffering.
3. Not Identifying the Correct Liable Parties
Premises liability cases can be complicated when it comes to identifying who is legally responsible for your injuries. In some cases, it may be the property owner, while in others, it could be a tenant, manager, or even a maintenance company. Failing to identify all potentially liable parties can limit your chances of recovering adequate compensation.
Here are a few scenarios where multiple parties could be responsible:
- Commercial properties: If you were injured in a store, for example, the store owner, property management company, or maintenance crew could all be liable depending on the specifics of your case.
- Rental properties: In cases where you’re injured at a rental property, both the landlord and the tenant might share liability. The landlord may be responsible for structural issues, while the tenant could be responsible for hazards they created.
- Public spaces: When injured in a public park or government-owned building, navigating premises liability can be especially tricky due to sovereign immunity laws. Special rules and deadlines often apply, making it essential to consult an experienced lawyer.
A premises liability lawyer will thoroughly investigate your case, identify all potential defendants, and ensure your claim is filed against the correct parties.
4. Giving a Recorded Statement to the Insurance Company Without Legal Representation
One of the most common mistakes people make after filing a premises liability claim is speaking to the property owner’s insurance company without consulting a lawyer first. Insurance adjusters often reach out soon after an accident to get a recorded statement or offer a quick settlement. While this might seem like a reasonable step, it can harm your case.
Insurance adjusters are trained to minimize payouts, and they may use your words against you. Even innocent statements can be misconstrued to reduce or deny your claim. For example, if you mention that you “didn’t feel pain right away” or speculate about the cause of the accident, the insurer might argue that your injuries aren’t serious or that you’re partially to blame.
To protect your rights, it’s crucial to avoid giving any statements or signing documents without first consulting a premises liability lawyer. Your attorney will guide you through the process, handle communication with the insurance company, and ensure that you don’t say anything that could harm your claim.
5. Accepting a Low Settlement Offer Too Quickly
Many victims of premises liability accidents are eager to settle their claims quickly, especially if they’re facing mounting medical bills or lost wages. However, accepting the first settlement offer from the insurance company is often a mistake. Initial offers are typically low and do not reflect the full value of your claim.
Insurance companies know that injured parties are often in a vulnerable position and may push them to accept a quick settlement to avoid paying out more in the future. However, once you accept a settlement, you lose the right to seek additional compensation, even if you later discover that your injuries are more severe than initially thought.
A premises liability lawyer can assess the true value of your claim, including medical expenses, future treatment costs, lost wages, and pain and suffering. Your lawyer will negotiate with the insurance company to ensure you receive fair compensation that covers both current and future expenses.
Conclusion
Filing a premises liability claim requires careful attention to detail and a strategic approach to avoid costly mistakes. Failing to document the incident, delaying medical treatment, misidentifying liable parties, giving a recorded statement without legal representation, and accepting a low settlement offer too quickly are some of the most common errors that can weaken your case.
To avoid these mistakes and maximize your chances of receiving fair compensation, it’s essential to consult an experienced premises liability lawyer. They can guide you through the legal process, protect your rights, and help you secure the compensation you deserve for your injuries. If you’ve been injured on someone else’s property, don’t wait—reach out to a premises liability attorney today to discuss your case.
