Premises Liability Attorneys in Washington, DC

What an Injured Party Has to Prove in a Premises Liability Case

If you have been injured in a premises liability claim, you will have to prove certain conditions, such as the following:

• The victim was owed a duty of care by the property owner
• The duty of care was not upheld by the property owner
• The victim was injured due to unsafe conditions on the property
• The owner’s negligence caused the victim's injuries

It needs to be demonstrated that the injuries you sustained were preventable. You will need to prove that the conditions that caused your injuries were known by the owner or employee of the owner, and they failed to correct the conditions which led to your injuries. You must also prove that you were legally permitted on the premises.

What Are the Categories of People Who Might Be on Someone Else’s Property?

There are three different types of statuses that apply to those who enter onto properties:

• Invitees: An invitee is somebody who has been personally invited onto the property, or the property is a business that is open to the public at large.
• Licensees: This is any individual who has implied permission to enter the property. For instance, if somebody is throwing a party and has sent out an invite for you to be there at a certain time, then you are a licensee. If, at any point in time, you were asked to leave the premises and were injured after refusing to do so, then it could be considered your liability. 
• Trespassers: A trespasser is an individual who does not have permission to enter the property. A property owner does not owe this type of party any duty from harm. However, there are exceptions, especially involving children, under the attractive nuisance doctrine, where owners may be liable if they fail to secure potentially hazardous areas like swimming pools.

What  Are the Types of Damages in a Premises Liability Claim?

The different situations in your premises liability case will dictate what you may receive in compensation for your losses. However, you are likely to receive compensation for certain damages based on your case.

Listed are some of the most common damages recovered:

• Medical Expenses: If you’re injured in a premises liability accident, you may be entitled to compensation for past, current, and future medical costs. This includes hospital bills, surgeries, rehabilitation, durable medical equipment (like crutches or wheelchairs), and travel expenses for medical care.
• Lost Wages: You can recover lost income, including past and future wages, bonuses, benefits, and even potential promotions missed during your recovery.
• Pain and Suffering: It is possible to receive compensation for physical pain and emotional suffering, especially if your injuries are significant. 
• Loss of Consortium: If you are married or have other family members close to you, they could be eligible to obtain damages for loss of consortium if they are now missing out on the relationship and services you offered before your accident. 
• Wrongful Death: If a loved one dies due to a premises liability incident, survivors may pursue compensation for funeral costs, medical bills, lost wages, loss of companionship, and more,
• Punitive Damages: Awarded in rare cases involving reckless or intentional harm, punitive damages aim to punish the wrongdoer and prevent future negligence. Punitive damages are rarely awarded in premises liability claims. 

Frequently Asked Questions

How Long Do I Have to File a Premises Liability Claim in Washington, DC?

In Washington, DC, the statute of limitations for filing a premises liability claim is generally three years from the date of the injury. This timeframe is crucial as failing to file within this period can result in the loss of your legal rights to seek compensation. It is essential to consult with a knowledgeable premises liability lawyer in Washington, DC to understand the specific timelines and have your claim filed promptly and accurately.

What Should I Do Immediately After a Premises Liability Accident?

After a premises liability accident, your first priority should be to seek medical attention, even if injuries seem minor. Documenting your injuries right away is critical for medical and legal reasons. Inform the property owner or management about the incident and get a report if possible. Gathering evidence, such as photographs of the scene and contact information of witnesses, can significantly strengthen your case. It is advisable to refrain from signing any documents or agreeing to settlements without consulting a legal professional from Fay Law Group, P.A., as we can guide you towards the best course of action.