What Does a Premises Liability Lawyer Do?

By Peter DePaolis
Attorney

Washington, D.C. law requires property owners to maintain their property in safe condition. If you sustained an injury due to the negligence of a property owner, a premises liability lawyer can help you recover compensation for your medical bills and other damages.

What Is Premises Liability?

premises liability lawyer

Property owners in Virginia, Maryland, and Washington, D.C. have a legal duty to maintain their premises in a safe condition. Premises liability refers to the legal responsibility of property owners to pay for damages to others caused by their negligent failure to maintain their premises.

Premises liability law is a type of personal injury law.  A premises liability attorney helps people who have injuries due to a property owner’s negligence recover compensation. 

Duty of Care

Property owners can’t prevent every possible accident from happening. However, they have a duty of care to take reasonable steps to prevent injuries.

What does this mean? Generally, it means property owners must act in the same way as an ordinarily rational and prudent person would.

For example, a property owner may not be able to anticipate that a person might trip over their shoestring and fall off their porch. However, the property owner could reasonably anticipate that someone may slip and fall and ensure the porch has well-maintained safety railings to reduce the chance someone may fall over the side and sustain a serious injury.

What Types of Cases Does a Premises Liability Lawyer Handle?

premises liability lawyers handle different types of cases.

Visitors, employees, and customers may encounter many types of hazards when on another person’s property. Property owners must take reasonable steps to prevent accidents due to these hazards.

Improperly Maintained Stairs and Elevators

Falls on stairs can cause serious injuries and the property owner may be at fault if poor maintenance or the lack of proper safety rails caused the fall. Malfunctioning elevators can drop suddenly, get stuck, crush body parts in the doors, and cause other injuries.

Dog Bites and Scratches

Whether a property owner’s dog is aggressive or merely poorly trained, the dog owner may be liable for injuries if the dog bites, scratches, or knocks someone down. Washington, D.C. law requires owners of dangerous or potentially dangerous animals to take additional precautionary steps to protect the public.

Failure To Maintain Required Safety Systems

Businesses and homeowners must comply with regulations that require safety equipment, such as fire suppression systems, security systems, pool enclosures, and hazard signs. When businesses and homeowners fail to meet these requirements, they may be liable for injuries that result. A premises liability lawyer must be familiar with federal and local safety regulations.

Slip and Fall Hazards

Slip and fall hazards, such as snow and ice-covered sidewalks, loose handrails, unsecured carpets, uneven floors, holes, and wet surfaces, can be the fault of property owners when they know the hazard exists but don’t take reasonable steps to prevent accidents. For example, a business owner may be liable if a customer falls on a freshly mopped floor because an employee didn’t put out a wet floor sign.

Hazardous Porches and Patios

Many homeowners and businesses do not regularly inspect and repair porches and patios. A porch or patio that is in poor condition may collapse causing serious injuries.

Other Common Hazards

Other common hazards that may result in premises liability cases include water leaks, unstable structures, toxic fumes or chemicals, unsafe swimming pools, inadequate lighting, faulty appliances, exposed wiring, falling objects, unsafe amusement park rides, fires, and building code violations. Your premises liability attorney can help you determine whether your injury resulted from the negligent actions of a property owner.

How Can a Premises Liability Lawyer Help With Your Case?

premises liability lawyers can help you.

You don’t have to hire an attorney to file an insurance claim or court case. However, your premises liability attorney can help with your case in several ways.

Gather Evidence

To win your case, you must prove that the defendant negligently caused your injuries. Premises liability lawyers gather evidence, such as witness testimony, medical records, surveillance video, and expert testimony to prove your case to the insurance company or court.

Estimate the Value of Your Case

Your lawyer can’t guarantee you a specific settlement. However, they can estimate the value of your case based on the extent of your injuries, the cost of your medical bills, your expected recovery time, the type of work you do, and the facts of the case. Your lawyer can also identify potential sources of compensation, such as insurance.

Negotiate With the Insurance Company

The other party’s insurance company may try to get you to make mistakes that harm your case or settle for an offer that doesn’t fully compensate you. Your premises liability lawyer will communicate with the insurance company on your behalf, ensuring you don’t accidentally damage your case, and negotiate a fair settlement based on the extent of your injuries and the facts of your case.

Pursue a Personal Injury Case

If you can’t settle with the insurance company or defendant, your lawyer will file a personal injury case on your behalf and present your case in court. The legal experience of your attorney ensures you navigate court procedures properly and present a convincing case to the judge or jury.  

Answer Your Questions

Your lawyer will answer any questions you have about the legal process, the value of your case, and what steps you should take. Your attorney will also advise you about whether you should accept any settlement offers and explain the pros and cons of settling out of court versus pursuing a personal injury case. 

Allow You To Focus on Healing

Dealing with an insurance claim or court case on your own can be stressful and time-consuming. Working with a lawyer allows you to focus on recovering from your accident instead of dealing with the insurance company or the defendant’s attorney.

Where Can You Contact a Premises Liability Lawyer in the Washington, D.C. Area?

The team at Koonz, McKenney, Johnson & DePaolis, LLP has recovered over $1 billion in compensation for clients over 38 years. If you need a premises liability lawyer in D.C., Virginia, or Maryland, contact us today. Your initial consultation is free and we only charge a fee if you receive compensation.

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.