Gaithersburg Premises Liability Lawyer
The term premises liability is defined as the responsibility that a landowner or occupant has for injuries caused by their negligence that may occur on their land. It is a very broad term within the world of personal injury. Nonetheless, after a premises liability accident, the injured party could have the right to hire a Gaithersburg premises liability lawyer. That is if the accident happened because the landowner or dweller neglected to take care of their space which in turn caused an accident and injury.
Premises Liability Breakdown
Property owners have a big responsibility. Their place needs upkeep for the safety of their visitors. No we are not taking about if the place is unorganized. That is unless the mess causes one of their visitors or many of them to get hurt. We also don’t just mean a person’s place of living but public property as well. No matter private or public, there can be exceptions depending on the premises liability case.
The other party has no duty to the visitor is if they were trespassing. Unless the injury was causing by purposeful carelessness knowing the intruder would be there. However, trespassing kids (most of the time) would not fall in the same category. Especially if the property was “decorated” in such a way to entice kids. Any of these scenarios could happen on any piece of land. For example, schools, malls, restaurants, hotels, private residences, apartment complexes, parks, etc. This can be a complex field of law, so talk to a Gaithersburg premises liability lawyer if you think you have a case.
Most common premises liability cases
- Slip and falls
- Trip and falls
- Torn carpeting
- Uneven stairs
- Defective handrails
- Poor lighting
- Inadequate or negligent security
- Falling objects
- Swimming pools
- Toxic substances
- Dog bites
- Snow or ice hazards
How Can I Determine Liability?
To figure out this question, gather your evidence. One of the most vital pieces to any personal injury case is evidence and this applies to premises liability. The proof can say who has liability. In this case we are proving the the land owner was negligent causing your injury. What evidence would you need? You need evidence that proves:
- A hazardous condition was present on the property at the time of the accident.
- The defendant either knew about the hazardous condition or should have known about it because a reasonable property owner would have under similar circumstances.
- The defendant did not address the hazardous condition or make you aware of it.
- You were injured as a result of the hazardous condition and the defendant’s failure to maintain their property.
If you choose, you could handle your own claim. However, insurance companies are savvy and will try to undermine you. They are a business and need to make money. Unfortunately, that means sometimes it comes at the cost of their own policy holders or users. Knowing the value of your case is important. A Gaithersburg premises liability lawyer would know the true value of your case. Attorneys work for you not the insurance company. Don’t take it from us, but from those who we have represented.
Do I Need a Gaithersburg Premises Liability Lawyer?
Typically, a premises liability claim involves a physical injury. If the accident involved emotional damage only, there is a chance that they could file a claim on their own. Moreover, if physical injuries are involved, it would be better to have an attorney. These injures bring more complications such as medical bills, medical records, finding the right doctor for your claim, etc. Without a lawyer in this situation you’ll need inspection reports, expert witness testimony, witness statements, pictures, a trustworthy doctor and the list goes on. A Gaithersburg premises liability lawyer would be able to quickly gather the information and know how to value your lawsuit. They know the many rules to follow in the world of premises liability.
What Rules Does Premises Liability Follow in the DMV Area?
In the DMV area contributory negligence affects many laws. What this means is if you where negligent in the accident too, then you could loose rights to compensation. No matter if you are 50% at-fault or 10%. This law has caused many claimants to get 0% back. Maryland, Virginia and Washington D.C. are 3 of the few places in the United States who still practice this. Contributory negligence is not the only law that affects premises liability lawsuits.
Filing a claim requires you to file within the statute of limitations. That means that there is a deadline to file before your case “expires”. If you are past the statute of limitations, then judges will automatically dismiss your case and nothing will come of it. There are many other exceptions that come with a personal injury case.
Needless, to say, Maryland, Virginia and D.C laws are complex and very involved. There is hope! An experienced Gaithersburg premises liability lawyer knows exactly what to do.
Malloy Law Offices, LLC As Your Gaithersburg Premises Liability Lawyer
Our team is ready to take on your claim and get you maximum compensation. We want to make sure you’re okay and get back on your feet. We don’t want you to worry about any fees while recovering. Our firm offers free consultation and a contingency fee system. Which means that there is no fee until we get you compensation. The final fees will be subtracted from the settlement in the end. Call us as soon as possible because your health is important. Contact us at 888-982-0906 or submit an online form.