Charleston Injury Lawyer Helps You Understand
Your Premises Liability Case
Premises liability cases are challenging, but Charleston injury lawyer Lindsay Blanks can help you understand your case and what must be proved in order to win. In liability insurance claims and injury compensation cases, an accident injury attorney can help you establish the facts that prove the property owner should pay for your injuries.
If you suffered an injury accident on another person’s property, it’s important to determine who is responsible. Injuries and their effects can last for years or even a lifetime, so it’s important you get reimbursed for the medical costs and loss of income you incur as well as the pain you suffer. In a premises liability case, that can only happen if it can be proved that the property owner or business did not take measures to make the property reasonably safe to visitors.
Three Elements of Proof Required
In South Carolina your Charleston injury lawyer must prove three elements to win a premises liability case. The first element to prove is that the property owner or business owed a duty of care to you. That means the property owner or business had a legal responsibility to keep you safe.
The second element to prove is that the property owner or business failed in their duty because of negligence. This called “Breach of Duty.” Your Charleston injury lawyer must demonstrate that reasonable measures were not taken to prevent your accident.
The last element to prove is that the breach of duty directly caused your accident and subsequent injuries. While this may seem like a simple point, it can be difficult in some cases.
Let’s look at an example:
A man visits a local indoor swimming facility and twists his ankle when he slips in water on the pool deck. If it’s just the result of water that naturally occurs on a pool deck, it may be determined the man understood the potential hazards. No case. But if the pool owner didn’t drain the deck adequately, which created an excessively dangerous situation, then the pool owner is probably liable.
If the man was running on the deck despite warnings from posted signs and a life guard, then the man participated in the negligence. He probably won’t get the full value of his claim. But if warning signs weren’t posted or the life guard didn’t say anything, then the pool owner may be liable.
Finally, if the man had a history of ankle injuries or didn’t seek medical attention for several days or weeks, the court may determine the injury was pre-existing or caused by another event entirely. Unfortunately, accident victims frequently ignore injuries like a twisted ankle believing they will heal on their own. When they don’t, they want to file a claim. But without medical records connecting the injury to the fall, the case is difficult to prove.
A Charleston injury lawyer experienced in trying cases against large insurance companies and businesses is the best way to ensure the best outcome is achieved. Charleston injury lawyer Lindsay Blanks has a strong tack record of winning cases against national insurance firms and international corporations. Find out more about how your premises liability case will be handled in the Our Approach section of this web site.
Charleston Injury Lawyer Lindsay Blanks will Talk with You about Your Case for Free
You can talk about your liability insurance claims with accident injury attorney Lindsay Blanks for free—there’s no cost or obligation. Find out what your rights are and what potential you have for getting compensation for your injuries.
Or Call Lindsay Blanks today at 843-863-1800.
You can get more information about premises liability cases and the firm of E. Lindsay Blanks P.A. in our Free Resources section. Or read articles on topics related to injury and liability issues:
Slip and Fall Injury Accident
Trip and Fall Injury Accident
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