Lancaster Premises Liability Lawyer
Premises liability is an area of personal injury law that addresses injuries sustained due to the negligence of a property owner or manager. At Trevino Law Firm, our attorney and staff work together to ensure that you are not treated like just another number on a case file, but as a person deserving of our full attention and compassionate, skilled legal service. Whether you are more comfortable communicating in English or Spanish, our team is fully equipped to guide you through your premises liability case with a commitment to achieving excellent results on your behalf. Contact our experienced Lancaster premises liability lawyer today for a free consultation to discuss your claims.
Common Examples of Premises Liability Claims in Lancaster
Trevino Law Firm takes on all types of premises liability claims in Lancaster. Some of the most common types of claims we see involve the following:
- Slip and Fall Accidents: These can occur due to slippery floors, uneven surfaces, or obstructed walkways.
- Dog Bites: Property owners are responsible for the harmful actions of their pets, even if they had no prior knowledge of the animal’s dangerous propensities.
- Defective Staircases: Poorly maintained or designed staircases can lead to severe injuries in a trip and fall or staircase collapse.
- Inadequate Security: Lack of proper security measures can result in criminal activities causing injury, including robbery, assault, or sexual assault.
- Swimming Pool Accidents: Inadequately fenced or poorly maintained pools pose serious risks, especially to children. Accidents range from slip and fall injuries to drowning.
- Elevator and Escalator Injuries: Mechanical faults or poor maintenance can result in fractures, lacerations, strains and sprains, and other serious or traumatic injuries.
Proving a Premises Liability Claim
Several elements must be established to prove a premises liability claim. The burden falls on the injury victim to prove all of the following elements by a preponderance of the evidence, often in the face of arguments and challenges from the attorneys and insurance companies on the other side.
- Duty of Care – Firstly, it must be proven that the property owner owed a ‘duty of care’ to the injured person to maintain their property in a reasonably safe condition.
- Breach of Duty – Next, it must be established that the property owner breached this duty of care. For example, if they were aware of a hazardous condition and failed to rectify it promptly or put up a warning, they could be considered negligent.
- Causation – The breach of duty must be the “proximate” (legal) cause of the injury, as well as the “cause-in-fact.” There must be a direct correlation between the owner’s negligence and your sustained injuries, without intervening or superseding causes. Causation can sometimes be a challenging and complex legal matter to prove.
- Damages – Lastly, you must demonstrate that you’ve suffered actual damages due to the injury, such as medical expenses or lost wages. Your pain and suffering can also be compensated, but again you must be able to prove the severity of the injury and its impact on you.
How Insurance Companies Evade Responsibility
Insurance companies are notorious for tactics that aim to minimize the financial impact on them. Below are just a couple of the common methods they may employ:
- Downplaying Severity: Insurance adjusters may claim that the injury is not as severe as stated, leading them to offer a lower settlement and convince you that’s all your claim is worth.
- Shifting Blame: Insurance companies may attempt to prove that the victim was partially or fully responsible for their injury, thereby reducing or nullifying their own liability.
Why Choose Trevino Law Firm for Your Lancaster Premises Liability Case?
Darlene Trevino and her staff work relentlessly to ensure you get the compensation you deserve. With our tailored approach, we liaise with attorneys and insurance companies on the other side to resolve the case favorably for our clients. Our bilingual capabilities make us accessible to both Spanish-speaking and English-speaking residents of Lancaster.
Don’t let insurance companies evade their responsibilities. Get the justice you deserve. Contact Trevino Law Firm today to discuss your premises liability case. Call 661-526-5012 for a free consultation with our Lancaster premises liability lawyer. There is no fee until we are successful on your behalf.