Injuries resulting from unsafe conditions on another person or company’s property are common. In civil courts, the law governing these types of cases is known as premises liability law.
Premise liability is a legal construct that combines elements of personal injury law with real property law to protect visitors and patrons from the harm presented by negligent property owners. Premise’s liability establishes a fundamental duty of care for all real property owners, private and commercial.
After seeking medical attention for your injuries suffered due to unsafe conditions at another person or company’s property, calling a Coeur d’Alene premises liability lawyer could be essential. An accomplished attorney could help you obtain compensation from the negligent property owner to help you recover fully from your harm.
Property owners and managers are required by law to provide an environment that is reasonably safe for their visitors or customers. Common unsafe conditions include:
When a property owner fails to address a hazard on their premises, and it results in the injury of another party, they could be considered negligent. Because conditions can change rapidly, may require time to repair, or are unfeasible at the time, the law allows property owners the right to inform their visitors or patrons instead of repair.
In many cases addressing an unsafe condition may merely involve providing an adequate verbal warning or a visible and legible sign. Once a party receives an adequate warning, any injury they sustain after could be considered harm resulting from a risk they willingly assumed. A skilled dangerous property attorney in CDA could determine if a landowner breached their duty of care.
If an injured party can prove a property owner’s negligent upkeep of their premises lead to their injury, then they may be eligible to recover damages. Damages is the legal term for money awarded in a civil case to compensate an injured party for personal and financial losses.
Economic damages cover related expenses that have bills or receipts. That includes coverage for medical bills, rehabilitation cost, lost wages due to injury, and the loss of future income.
Non-economic damages are harder to calculate as they cover the remaining harm suffered by an injured party with no affixed cost. These damages include an injured party’s pain and suffering, mental and emotional distress, and loss of enjoyment due to an injury preventing them from engaging in activities they once enjoyed. A Coeur d’Alene lawyer could ensure someone injured on an unsafe property recovers comprehensively for their past and future losses.
In Idaho, all personal injury claims are subject to a statute of limitations. A statute of limitations sets a hard deadline for injured parties to file a successful claim.
Under Idaho Statutes 5-219, an injured party seeking to file a successful premises liability claim must do so within two years of the accident. If a party fails to file within the two-year statute, they essentially waive their right to recovery.
A strict deadline, serious injuries, and a pile of medical bills can put substantial pressure on anyone seeking to file a personal injury claim. However, a Coeur d’Alene premises liability lawyer could alleviate some of that pressure by fighting to get the compensation you deserve. Discuss your claim by calling our office today.
Owens, McCrea & Linscott, PLLC