Filing a Premises Liability Claim in Arlington

Typically, a premises liability attorney handles cases involving a person who has been injured on the property of another. Such cases may involve personal or commercial property, and may occur either within or outside of the workplace.

While premises liability cases in Arlington generally involve unintentional injuries, they may also include intentional acts under certain circumstances. In this way, premises liability is a specific subset of personal injury law encompassing all kinds of torts that occur on an individual’s property. In these types of cases, an experienced premises liability attorney can craft a strong case that can help fight to maximize any damages you may be entitled to.

Complexity of Premises Liability Cases

Premises liability cases in Arlington involve a number of individual factors that may contribute to the overall complexity or severity of the case. For example, the degree of the injuries of the injured party can certainly contribute to the severity of a premises liability case.

Moreover, certain policy issues may make an Arlington premises liability case more serious or complex, such as those regarding insurance, reinsurance, indemnification, and ownership. For example, if an individual is injured on the premises of an apartment complex owned by one entity, managed by another, and sublet by a third, each of these entities may hold a separate insurance policy. These separate policies may lead to complex issues regarding the types of liability and insurance coverage of each party in the case.

Special Issues

One of the major liability issues that can arise in these types of cases relates to whether or not the premises owner or manager, or the party responsible for maintaining the premises, had notice of the condition that led to the injury.

For example, a slip-and-fall case may seem, on first appearance, straightforward. A slippery substance caused a person to fall, and that person suffered an injury. However, in such a case, the injured party seeking compensation for his or her injuries must establish that the premises owner or the party responsible for the premises had “constructive” notice of the unsafe conditions that caused the injury and failed to take the appropriate steps to address those conditions. It can be very difficult to establish the existence of constructive notice, making such notice a specific issue in Arlington premises liability cases.

Types of Premises Liability

The most frequent types of premises liability cases in Arlington are slip-and-falls and trip-and-falls. Typically, these types of case arise when a property owner or the party responsible for a property is negligent in terms of premise safety and maintenance. Often, they involve high-traffic areas and those in which many people congregate. However, such cases can occur under any number of circumstances and are thus generally more common.

Determining Liability

In any premises liability case, no matter the circumstances, a premises liability attorney will first determine the extent of liability in the case and who is at fault for the subject injuries. After such an attorney has established the underlying liability in the case, they will then determine the damages experienced by the injured party and the manner in which such damages will be calculated and proven.

It can be very difficult to determine and prove liability in all types of premises liability cases in Arlington. A number of case-based factors determine the type and amount of evidence necessary to make such a determination. Generally, however, a premises liability attorney must prove that the property owner, or the party responsible for the premises, had a legal duty to the injured party and breached that legal duty. Moreover, such an attorney must establish that, as a direct or proximate result of that breach, the injured party has suffered damages. Finally, a premises liability attorney must determine and prove the extent of the damages related to that injury.

Legal Status

Legal status can also play a significant role in premises liability cases. In this context, legal status refers to the extent to which the injured party’s presence on the subject premises was legal. For example, was the injured party an invitee, a trespasser, a guest, or something in between? What was their reason for being on the premises? In this way, legal status refers to the circumstances that brought the injured party to the subject premises and the extent to which they had the right to be there.

The legal status of the injured party is important as it has an impact on the duty owed to that party by the property owner or the party responsible for that property, and the degree to which such a property is obligated to ensure the safety of the premises.

Common Locations of Liability

While premises liability cases can occur anywhere, places that attract large numbers of people, such as shopping centers and pedestrian areas, are commonly places for premises liability injuries to occur. Generally, an individual may be hurt in any place in which people gather. When an individual is hurt through no fault of their own and due to the negligence of another, premises liability may occur.

Creating a Strong Case

Certainly, if a person is injured as a result of a premises liability action, that person should contact an attorney right away. Such an attorney can help the injured party to better understand the facts of their case and advise them regarding what evidence must be preserved or obtained in order to bring an action against the responsible party.

However, certain factors may allow a person to realize that he or she has a strong case from the outset. For instance, if the individual can prove that the property owner or the party responsible for the property knew about the conditions that lead to the injury, their case is likely strong. Moreover, if the individual issued a report at the time of the incident or has witnesses who saw the incident or who heard the responsible party admit guilt, the case would likely be strong.