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Why Do People File Premise Liability Lawsuits?

Submitted by jrlaw on Sep 14th, 2010

Premise liability lawsuits are usually filed because an injury that could have been avoided ended up costing the victim in medical bills and lost wages. Most often, these individuals hire a personal injury lawyer after having been injured. If their injuries are extensive and if they weren’t doing anything to bring the injury on themselves, they sometimes are awarded a sum by a jury or through a settlement with the business or person that they file the claim against. These lawsuits are typically not frivolous and some of the claimants are severely injured.

Businesses that invite people onto their property carry insurance to cover them in the event of a lawsuit. The reason for this is not that people are sue-happy. It’s simply because, at some level, businesses have to acknowledge that they are responsible for the safety of the people on their property and, someday, they may end up falling short of those responsibilities. Retail stores have to take this into consideration, as does any other business where customers have to come on the premises during the day. Such businesses also have to provide a reasonably safe environment for their visitors.

A personal injury attorney might take such a case if it’s clear that the injured party was wronged. These cases will generally not pay off if the person who was injured more or less caused it themselves. You cannot open the closed door on an elevator shaft and sue the property owner if you are injured, for example. If the elevator injured someone who was using it as is expected, however, it may be the case that the injured party could sue for their costs due to the injury. These costs have to be assessed before you can proceed with a case.

Your lawyer will have to help you reach a figure that covers your pain and suffering, as well as your medical expenses and lost wages. Pain and suffering are obviously not things that lend themselves to price tags easily. Attorneys use past cases as a guideline for figuring the amount, along with the specifics of your case. Once your case is filed, you may be approached by the person or business involved and offered a settlement. If this amount is acceptable, this means that you can avoid going to court altogether. If not, you’ll have to seek an award by going in front of a jury.

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