Experiencing any form of injury is extremely stressful, however, it shouldn’t prevent you from seeking justice for yourself. Still, unfortunately, proving fault can be quite complex and intimidating. Why is that?
Well, it’s because you have to prove a plethora of things, starting from the fact that you were injured and that it was all because of some hazard that existed on the property. There are many elements that have to be considered.
For instance, whether the accident could have been predicted, the circumstances that led to this, and many other things. As we stated at the beginning, this is all quite complex. Still, do not be discouraged. Today we will discuss the steps you can take if something like this happens.
All About Being Injured On Your Property
What To Expect?
It’s normal to feel guilty if the accident has occurred on your property, although no one wants to be the cause of anyone’s injury. Still, if this happens, typically the victim is going to do anything to prove that it wasn’t their fault.
Furthermore, it’s the legal obligation of the homeowner or anybody else who is renting the house to ensure that their premises are completely safe and free of any harmful things. This is important for anyone who decides to reside in your home.
So, what happens next? There isn’t a one hundred percent accurate answer because it all highly depends on the relationship you’ve had with the injured person, as well as the severity of his or her injury.
What you can do for starters, is to take that person to the nearest hospital, to make sure he/she is under observation and it would also be recommendable to cover their medical expenses. If your relationship wasn’t that close, you might be sued.
Homeowner’s Insurance
If somebody was injured on your property, one of the steps they are going to take is to contact your insurance carrier and will probably demand the phone number of the insurance company. They are not going to do it if they previously didn’t consult with an expert.
When we say expert we refer to an injury lawyer. Professional injury lawyers in Kentucky explained that hiring a lawyer can help you with your claim and will guide you through the process. Now, they cannot pick just about anyone. It has to be someone who is familiar with this issue. So if you or anyone you know find yourself in this situation, make sure to seek the help of a lawyer.
How To Determine Who Is Responsible?
Liability Law
When it comes to this law, it covers slip and fall and other forms of accidents that were caused by numerous hazardous conditions on somebody else’s property. If someone wants to prove that the property owner is guilty, one of these facts must be true:
- That the property owner was familiar with all those dangerous conditions and didn’t do anything about it.
- He or she should have known about them and should have taken important steps to prevent any accidents. This is something every “reasonable person” would have done.
- The property owner made the dangerous condition that caused the accident.
Generally speaking, liability is frequently determined by common sense. A lot of juries and judges will try to carefully analyze the situation to see whether the property owner took the proper steps to ensure that every part of it is completely safe.
When concluding anything, the law usually focuses on whether that person made an effort to keep the property secured, safe, and up to the proper code. Besides the ones we’ve already mentioned, there are other factors that are frequently considered in this situation:
- How long had this harmful condition existed and if the property owner had enough time to get himself/herself familiar with it and potentially fix it?
- In case the owner did try to fix the situation, were his or her acts suitable and reasonable?
- Is there any chance that the victim was potentially negligent in his/her actions and that that’s the reason he or she was hurt?
Some states tend to opt for comparative negligence laws, which means that even the injured person can be blamed to some extent for his/her injury. For instance, if the victim didn’t pay attention to the warning signs and was quite irresponsible, that person can be held liable for the injury.
As you can see, proving whether you or anyone else is guilty is nowhere near simple and easy. No matter who is the real victim here, make sure to thoroughly read this article and to consult with an injury lawyer before making any decision.