Holding Negligent Property Owner’s Responsible
Were you hurt in an accident on someone else’s property in Fort Smith? It’s important to know that property owners and managers have a responsibility to maintain a safe premises, and if you’re hurt due to their carelessness or negligence, you could be owed significant compensation.
If you or a loved one has been injured due to a home or business owner’s carelessness, neglect, a safety violation, or any other form of negligence, you should speak with one of the Fort Smith premises liability attorneys at McCutchen Sexton Napurano – The Law Firm about the legal action that may be available to you.
Why do I need a lawyer?
You or a loved one may have been injured in an accident while simply going about your normal daily activities. Unfortunately, injuries can have a lasting impact on your life, and the cost of getting treatment and back on your feet can be staggering.
If your injury was caused by defective or unsafe conditions on someone else’s property, you have the right to take legal action to seek full and fair compensation. Proving that the property owner was aware or should have been aware of the hazard that caused you harm can be tricky, so be sure to contact an experienced lawyer who has successfully handled premises liability cases similar to yours.
You’ll want to discuss the details of your case in-depth with your attorney and let them handle the investigation, issuing a demand letter, and negotiation with insurance companies. If the responsible party’s insurance company fails to offer you a settlement that takes into account all of your past and future losses, your lawyer will file a lawsuit and seek damages for you in court.
Don’t try to handle your premises liability case on your own. Insurance companies handle claims like these on a daily basis, and their adjusters and legal teams will use their experience to deny or underpay your claim. Trust your case to a qualified injury attorney and let them secure the compensation you deserve.
Why should I choose McCutchen Sexton Napurano – The Law Firm?
At McCutchen Sexton Napurano – The Law Firm our team has become a trusted name in law in both Oklahoma and Arkansas. Why have so many people chosen us to represent them? We believe it is because we treat our clients differently than most other firms. We have a Client Bill of Rights that ensures that you’ll receive top quality ethical legal representation. We set high standards for our work and our success proves that we stick to those standards.
Let our team of trial attorneys help you hold the property owner, manager, or another responsible entity accountable for their negligence. You didn’t deserve to get hurt, and you shouldn’t have to pay out of your own pocket for their mistakes. We’ll seek the maximum compensation possible for you and your loved ones, so let us put our experience to work for you.
Do I have a premises liability case?
Premises liability is a broad term that may encompass a variety of personal injury claims. The common thread between these claims has to do with the property owner’s liability for the circumstances that led up to the accident—for instance, a failure to keep their land or building safe for guests. These types of personal injury claims include:
- Dog bites
- Slip and Fall
- Elevator and Escalator Injuries
- Porch Collapse
- Stair Collapse
- Lead Paint Poisoning
- Mercury Poisoning
- Swimming Pool Injuries
After any of these accidents, you may face a long recovery, in addition to the significant financial burden associated with your medical bills, time lost from work, decreased capacity to work in the future, physical and emotional pain, and other disruptions to your life.
What is the property owner’s duty of care?
Property owners are required by law to uphold reasonable standards of safety and maintenance on their property. This is to protect anyone who may be on the property. However, depending on who is on the property and why the law changes. The law classifies people visiting a property into 3 categories:
An invitee is someone who has permission to enter onto a property. These people usually include friends, family, and neighbors. As an invitee, you are protected from negligence and unsafe conditions. The property owner is responsible to you for upholding safe conditions.
A licensee is someone who has permission to be on a property, but is conducting their own business on it. The owner is still responsible for maintaining safety on the property for a licensee but to a lesser degree. To hold the property owner liable, certain conditions must be proven. These conditions are; the landowner knew about the safety risk, and the licensee would be unlikely to be aware of it.
Trespassers are not protected from unsafe conditions on a property. The only case where a property owner can be held liable for an injury sustained by a trespasser is if the trespasser is a minor. In that case, the property owner can be found negligent for not maintaining safe conditions for reasonably foreseeable incidents.
Understanding the complexities of who is responsible for your injuries and under what circumstances can be incredibly confusing. If you or a loved one has been injured on someone else’s property you may be entitled to compensation on the grounds of negligence. To discuss the details of your case, call us today at (479) 783-0036 or fill out one of our online contact forms.
What if I am partially to blame for my injury?
If you have been injured on someone else’s property and may share in the blame, you could still recover damages. If you had something to do with causing the injury, this does not let the property owner off the hook for being negligent in their duty to create and maintain safe conditions. If you are partially to blame, you can recover damages based on the rule of ‘comparative negligence.’ What this means is that a jury will decide how responsible each party is as a percentage. Then you will collect damages based on the percentage that the jury has assigned. So if it is decided that you are 20% responsible and the property owner is 80% responsible, you can recover up to 80% of the damages assessed. This means that if your injury is deemed to be worth $10,000, you can recover up to $8,000.
Comparative negligence allows for fair and just compensation for the victim. If you feel you had something to do with causing your injury, hope is not all lost. Consulting with our team can help you determine if you may be entitled to compensation.
Consult with a Premises Liability Attorney in Fort Smith
At McCutchen Sexton Napurano – The Law Firm, our Fort Smith premise liability attorneys possess decades of combined experience helping victims of dangerous property. With our Fort Smith legal team on your side, you can rest assured knowing that we will exhaust every available resource to help you and your family pursue the compensation you need. To begin developing a legal strategy against the responsible party with one of our Fort Smith attorneys, please call our Fort Smith offices at (479) 783-0036 or fill our one of our online contact forms today.