The Elements of a Premises Liability and Product Liability Case
Whether you get hurt on someone else’s property or sustain injuries from a defective product, you might be entitled to financial compensation. You could file an insurance claim or lawsuit and hold the person liable for their actions. Typically, premises and product liability cases are the results of some sort of negligence.
Negligence is the legal theory that one party’s failure to act or not act in a certain way causes another person harm. Here, we’ll discuss what types of injury accidents might fall under premises or product liability laws and what needs to be proven to get the full and fair compensation you deserve.
What is a Premises Liability Claim?
Premises liability refers to an injury caused by the defective or unsafe condition of another person’s private or public property. The most common types of cases like this include:
- Slip/trip and fall
- Dog bite
- Swimming pool accident
- Fire or explosion
- Elevator and escalator accidents
- Poor maintenance and repairs
- Inadequate lighting
- Icy pavement or sidewalk
- Cracked, damaged, or uneven flooring
- Toxic chemicals
- Missing or faulty handrails
All property owners and business owners owe their guests a reasonable degree of care to prevent them from harm. There are three categories of guests that indicate the owner’s level of responsibility towards them:
- Invitee: Has an implied or expressed permission to be on the property. Examples include neighbors, friends, or relatives. The owner owes them the duty of keeping the property safe and free from hazards.
- Licensee: Has the owner’s implied or express permission to enter the property but is doing so for their own purpose. For example, a salesman is allowed to be there but is attempting to make money rather than just visiting. The owner has a minimal duty to warn about any dangerous conditions.
- Trespasser: A person who does not have the authorization to enter the property. The owner does not have any legal duty to warn them of hazards or reasonably prevent them from harm.
St. Louis premises liability lawyers have the knowledge and skills to review everything that happened to determine how you got hurt and who was at fault. You were most likely an invitee at the time of the accident, meaning you had a right to know if any dangers on the property could have caused you harm. If your attorney discovers that the owner didn’t provide proper warning or knowingly ignored hazards, you could pursue legal action.
What is Product Liability?
Product liability is the result of a manufacturer or seller providing a consumer with a defective product. When that happens, anyone involved in the product’s chain of distribution could be held liable for injuries someone sustains.
Three main types of product defects might exist and could have been the reason you got hurt:
- Design defect: A product’s design is inherently dangerous even if the consumer uses it properly.
- Manufacturing defect: An error occurred during the manufacturing or assembly of the product.
- Failure to warn: The company failed to provide adequate warning labels about the risks of using their product.
Your St. Louis product liability lawyer can perform an investigation and gather evidence that shows the exact cause of your injury. It’s crucial to determine the type of defect that occurred so the individual or entity can be held financially responsible. You suffered a great deal of harm and deserve compensation for your damages.
What are Damages?
Damages refer to all the losses associated with an accident or injury. They fall under two categories: economic and noneconomic. Economic damages are actual expenses, while non-economic damages are intangible losses. They include:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Property damage
- Loss of qualify of life
- Loss of consortium or companionship
Whether you were the victim of a premises liability or product liability, you can file an insurance claim or civil lawsuit. It not only holds another person liable for their carelessness but also reimburses you for your total damages. You shouldn’t have to pay out of pocket for any of your expenses. The at-fault party should be financially responsible.
To make sure that you get the full and fair compensation you’re owed, make sure to speak with a skilled St. Louis premises liability lawyer who has the right skills, experience, and resources to handle your case. There is a limited time to file an injury claim if you’ve been hurt on someone’s property or if a defective product has harmed you, so make sure to take swift action and hire a qualified injury attorney right away.
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