Premises liability litigation and the need for experienced legal counsel, P.4

In recent posts, we’ve been looking at the topic of premises liability and strategies property owners sometimes use to minimize their liability. From what we’ve said thus far, it should be fairly clear why it is important to work with experienced legal counsel in seeking compensation from a negligent property owner.

First of all, property owners cannot be expected to take responsibility for their negligence when an accident occurs on their property. This is especially true in cases where the injured party may have failed to take reasonable care in some way or can be said to have assumed the risk by participating in a sporting or recreational activity. Having an advocate is necessary to ensure a negligent property owner is not successful in refusing to take responsibility.

Second, premises liability goes beyond slip and fall cases and encompasses situations involving violent crime and theft, food poisoning, and construction accidents. It is important to have guidance and advocacy in cases like these where premises liability may be a less obvious cause of action.

Third, the value of tort litigation is largely in the ability to obtain damages from the defendant, and it is critical to build the strongest possible case for damages in premises liability litigation. Damages come in several varieties, and the type of damages available will depend on whether it is the accident victim bringing the suit or the surviving family of one who is injured in an accident. Having zealous advocacy in premises liability litigation ensures a plaintiff is in the best possible position to maximize his or her damages.

In a future post, we’ll take a closer look at this issue.