If you’ve suffered an injury on someone else’s property – whether that’s in a store, a restaurant, in someone’s house, or anywhere else – you may be able to file a premises liability lawsuit to obtain compensation for your medical bills, lost wages, and other accident-related expenses.
A premises liability lawyer with Hotz & Associates, P.C. is ready to help you explore your legal options. Each of our attorneys provides passionate, skilled representation, and we’ll do everything we can to help you get the compensation you deserve.
Any accident that falls within a premises liability claim can lead to severe injuries. Here are just a few examples of the more common ones suffered by our clients:
Traumatic brain injuries
And many others
Steps to take if you were hurt on someone else’s property
The moments after being hurt can be just as confusing as they are painful. You could be disoriented or simply might be in shock and might not have any idea what to do next. If you follow these tips, you can protect your physical health and help make sure your case is strong enough to obtain compensatory damages.
1. Visit a doctor as soon as possible
This is the most important thing to do. An accident can create a surge of adrenaline through someone’s body., preventing them from realizing that they’re badly hurt. This can lead to them refusing medical treatment which is never a good idea.
When that adrenaline wears off, you might quickly realize the extent of your injury, or it might still take days or even weeks to present itself. Failing to see a doctor immediately could cause you to be in much worse shape than if you had received treatment immediately following the accident because a doctor can identify the early signs of serious injuries such as traumatic brain injuries.
2. Take photographs and gather evidence
If possible, use your phone and take pictures and videos of the accident scene and the surrounding area, warning signs, or the lack of proper signage of the danger or hazard. For example, get photos of the floor you slipped on or the obstacle you tripped over. These photographs will be powerful evidence and could very well help you obtain a significant amount of compensation.
3. File an incident or police report
If the accident occurred in a store or another place that’s open to the public, report it to the owner, manager, or supervisor immediately. They’ll fill out an accident report – or at least they should; make sure you get a copy.
If they aren’t being cooperative, call the police and report the incident. They’ll send an officer to the scene to conduct an investigation and complete an incident report of their own. This can also be incredibly important evidence, so don’t forget to get a copy when it’s complete, including photos and supplemental statements and reports.
4. Keep your medical and expense records
Every piece of paper associated with your medical treatment will be key to your case. Keep every receipt, prescription, doctor’s note, report, and everything else related to your accident.
5. Speak with an attorney
Aside from getting medical treatment, this is the most important thing you can do. Please don’t hesitate to talk to a lawyer. The sooner you meet with a Hotz & Associates, P.C. personal injury lawyer in Knoxville, the earlier we can start our investigation into your accident to gather the evidence necessary to convince the insurance company that you deserve every penny you seek.
Types of premises liability cases
Some of the more common kinds of cases involving premises liability include the following:
Slip-and-fall accidents can be devastating as they can cause catastrophic injuries. The most common example is a spill in a grocery store aisle that someone failed to notice and warn patrons of the danger or failed to clean it up in time.
Falling merchandise or debris
If you’re in a hardware or grocery store with shelves that reach high above you, there’s always the chance that something could fall and result in a potentially severe injury. That item may have been stocked in a careless manner and you might be able to sue as a result.
Faulty elevators or escalators
When you get on an elevator or escalator, the last thing you expect is for it to stop suddenly. If this happened to you, you might have been violently thrown to the ground or slammed against a wall. If an escalator malfunctioned, you might have fallen several feet. Whatever the type of accident that occurred, you were probably severely injured.
Inadequate or negligent security
The owners of properties open to the public owe it to their visitors to keep them as safe as possible. If they fail to provide security, or if security personnel fail to do their jobs, the owner and the security company could be liable for any injuries that occur.
Playground or amusement park accidents
Premises liability accidents are already tragic when adults are hurt, but if children are injured, they feel much worse. A child goes to an amusement park or a playground to have a great time. If a faulty piece of equipment fails, or the people in charge fail to properly supervise activities, the parent may have grounds for a premises liability lawsuit against the owner of the property.
Swimming pool accidents
Pool owners must ensure that the pool doesn’t pose an unnecessary risk or danger. For example, they should have fences around the pool to keep uninvited persons out of the pool, and if they have invited people to use the pool, they should ensure proper warnings have been posted or that there’s adequate supervision to prevent behavior that could result in serious injuries.
Dog or other animal bites
People who own dogs or other animals are responsible for taking necessary measures to ensure that their animal is properly secured and that it doesn’t harm or bite someone. If you were hurt in an animal attack, you may be able to sue the owner.
Make sure you file a claim in time
Tennessee has a one-year statute of limitations in premises liability cases. This means that you have one year from the date you were hurt to take legal action. If you wait too long and the statute expires, you won’t have any options to obtain compensation.
Possible damages you can claim
Premises liability accident injuries typically result in the victim suffering significant financial losses–these are known as “damages.”
You may be able to recover economic damages that include medical expenses, lost wages, and more. There are also other types of damages, known as non-economic damages which include pain and suffering and emotional distress.
We’ll work to obtain maximum compensation
A Knoxville premises liability attorney with Hotz & Associates, P.C. can investigate the accident and determine not only what happened, but also who was to blame. We’ll then pursue compensation from all liable parties so that you can get exactly what you have coming for the suffering you’ve been forced to endure through no fault of your own.
Proving liability and the identity of liable parties
One of the reasons you need to hire an attorney immediately after your accident is because this type of case can be very complex. For example, there could be multiple parties liable for your injuries such as the property owner, the landlord, or the manufacturer of a product.
There are also different levels of the “duty of care” owed to you by the property owner or manager based on the relationship between you and them–this only adds to the complexities of a premises liability lawsuit.
As noted earlier, a Hotz & Associates, P.C. Knoxville premises liability attorney will investigate your accident to gather the evidence needed to prove your case and will determine all potentially liable parties. We’ll work hard to show that the liable party owed you a duty to keep you safe, they breached that duty, and you suffered harm as a result of that breach.
Cost of hiring a premises liability lawyer
Our firm works on a contingency basis which means you won’t pay us a dime unless we win your case, and upon our success, our payment comes as a portion of your settlement or award. We’ll pay for the investigation and everything else involved in providing your representation. Since you won’t have any out-of-pocket expenses, you’ll be able to focus solely on your recovery.
Our Knoxville premises liability lawyers are here to help
The Knoxville personal injury lawyers with Hotz & Associates, P.C. are ready to put their extensive skills and experience to work for you. We’ll do everything we can to help you achieve the best possible result in your case. If you would like to schedule a free evaluation, please don’t hesitate to give us a call at (865) 582-0042 or use our online form.looring, spilled liquid, insufficient lighting, and countless other issues. If they haven’t fixed or cleaned up a problem they are aware of, owners have a duty to warn their visitors of the dangerous condition. When property owners or their tenants fail to uphold these duties, and someone ends up being hurt, the owner and/or tenant may be liable for their visitor’s injuries.
At Hotz & Associates, P.C., we have been helping injured people seek the compensation they deserve for over 40 years. If you have been injured on someone else’s property, give us a call (865) 637-9000 or send an email to firstname.lastname@example.org to inquire as to whether we may be of assistance.