When dangerous conditions on someone’s property cause personal injury, the victim could pursue a negligence lawsuit against the property owner. State law provides that property owners have a duty to keep their premises safe for guests and visitors.
However, the state has placed certain limitations on a property owner’s duty in premises liability cases. If you were injured in an accident on someone else’s property, you should contact a Broken Arrow premises liability lawyer to discuss your legal claim. Our skilled personal injury attorneys could help you receive compensation.
Many different types of accidents can lead to a personal injury lawsuit for premises liability. These accidents can occur on both private and public property.
Some common accidents that could lead to premises liability lawsuits include:
These accidents could lead to a wide range of injuries, many of which may require surgery or extensive physical therapy to make a full recovery. In extreme cases, the accident may lead to death.
Some examples of injuries that occur in premises liability cases are:
Many of these injuries could have long-term consequences on your health or even cause permanent disfigurement. For example, neck or spinal cord injuries could potentially lead to paraplegia or quadriplegia.
After receiving medical treatment, you should contact a Broken Arrow premises liability attorney to discuss your case.
The legal concept of premises liability seeks to hold property owners responsible when visitors are injured on their property. The duty applies to private residences, including homes or driveways, and public spaces, such as restaurants or theme parks.
If a hazardous or dangerous condition exists on the property, the owner has a duty to fix the issue as soon as reasonably possible. Until the dangerous condition is resolved, the property owner has a duty to warn visitors or guests about the potential hazard.
When a property owner fails to take reasonable precautions to protect guests from a known hazard, a court could find them liable for negligence. A Broken Arrow premises liability attorney could further explain the limitations of this duty.
According to Okla. Stat. Ann. tit. 76, § 80, a property owner generally does not have a duty to protect trespassers from hazards on the property. However, the rule does provide certain exceptions.
If the trespasser is a child, the property owner may have liability for a dangerous artificial condition, where the owner knew that minor trespassers were likely and still failed to take reasonable precautions. This may include swimming pools, trampolines, and other ‘attractive nuisances.’
When a property owner is guilty of negligence in a premises liability case, a Broken Arrow attorney could help you recover various types of damages. The compensation could include recovery for measurable economic losses, such as hospital bills, medical expenses, lost wages, and lost future economic opportunities.
You could also recover compensation for immeasurable losses, or non-economic damages, such as:
There are generally no caps on damages in the state. However, a court may limit your damages if you were more than 50 percent responsible for the negligence that led to your injuries.
You should talk to a Broken Arrow premises liability lawyer as soon as possible if you were injured in an accident on someone else’s property. Depending on where the accident happened, you may need to file a lawsuit against the business that owns the premises.
Failing to file your claim within the state’s two-year statute of limitations could result in a court dismissing your claim. Call today for a free initial consultation to discuss your situation.
(918) 744-7100