Insurance Company Defense Against Premise Liability
When a visitor injures themself on someone else’s property, a personal injury premise liability lawsuit usually ensues. However, the owner’s insurance company will try to defend their client from having to pay for the visitor’s injuries.
If you get injured on someone else property, understanding how a defense attorney may build their case can help you prepare for your lawsuit.
What Is Premise Liability?
As of 1988, North Carolina law requires landowners to provide a duty of reasonable care for all lawful visitors. The land or business owner must not unnecessarily expose legal visitors to a dangerous situation or warn lawful visitors of any hidden dangers, such as providing a sign for wet floors or telling visitors to keep out of hazardous areas.
What Would The Insurance Company’s Defense In A Premise Liability Case Be?
The insurance company isn’t going to want to pay for an injured person’s medical bills and pain and suffering. So, they will build a strong defense in the premise liability case.
The first possible defense may be that the owner didn’t know the danger existed, and a reasonable person couldn’t have known.
Next, if the owner did know about the danger, the defense may try to show the owner took steps to warn visitors and the plaintiff neglected to adhere to the warnings. Also, in court, they will try to show that a reasonable person would have seen the signs and not proceeded into the hazardous area.
Finally, an insurance company may dig into the plaintiff’s medical records and try to illustrate the injury was preexisting and not caused by damage to their client’s property.
What Should I Do If I’ve Been Injured On Someone Else’s Property?
If you suffered an injury on someone else’s property, seek medical care immediately. Once you’re able, call Hyland & Padilla. We have decades of experience in personal injury and premise liability cases.
We know how an insurance company will work to build a premise liability defense case and can help you win the money you deserve for your injuries. In addition, we offer complimentary consultations for new clients to help you understand your chances and get your case started quickly.