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Premises liability cases involve injuries received while on property. Property owners and businesses have a
duty to maintain a safe property for customers and pedestrians and warn them of possible dangers. These types
of cases most often involve slip and fall incidents -- when a defective condition, foreign substance or object
causes a fall. Premises Injuries can involve other injuries such as fire, burns, falling debris, and even dog
bites. The key to a premises liability case is to prove that the property owner or management was negligent,
and your injury resulted from their negligence.
The Law Firm of Flora Templeton Stuart represents persons who suffer damages
due to the negligence of another. We work hard to collect all the money our
clients deserve. Each case is different and the collection of damages is based
on many factors to include insurance coverage, the extent of your injury, and
the unique facts of your case.
We work hard to collect the damages our clients deserve, based on the many factors of each individual case,
we work hard to leave "no loose ends". Even after the case is settled we negotiate for our client's liens
with Medicare, Medicaid, Health Insurance or negotiate with the healthcare providers (doctors and hospitals)
to reduce bills so our clients will be made whole. In representing children, we set up trusts as well as college
funds for their future. In representing our clients, we also do everything we can to make sure they obtain medical
treatment with qualified physicians and hospitals. No fees, costs or expenses are collected unless our client recovers.
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Examples of Premises Liability Cases:
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Slip and fall injuries caused by standing water, ice, snow, or slippery floors
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Trip and fall injuries caused by damaged walkways or stairs, or poor upkeep
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Construction site injuries, particularly involving persons other than workers
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Inadequate security (lights, surveillance) resulting in an assault by a third party
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Serious burns from fire or faulty wiring or plumbing
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Any defect on property causing injury and dangerous dogs or animals that injure you
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Proving Negligence
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Proving negligence is the key in your premises liability case, but it can be difficult. One reason is that a property
owner might make quick repairs before you even file a claim. If possible, take photographs of the accident scene and
your injuries, plus write down the names and addresses of any eyewitnesses. Just because you were injured on someone's
property is not proof of negligence. The property owner has to be proven negligent (has done something wrong or unsafe).
The owner of the property must pay for losses caused by the dangerous condition of the property if the injured person
can prove:
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The condition of the property was dangerous.
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The owner knew, or should have known, about the dangerous condition.
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The owner had a reasonable opportunity to correct or warn of the condition, which was not reasonably open and obvious
to the injured party at the time of the accident.
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If you are renting the property there may be liability on the landlord.
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If a dog bite, the owner knows the dog could bite or be dangerous.
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What should I do if I've been injured?
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Many factors are involved in setting premises liability case. If you've been injured due to an unsafe
condition on someone's property, it's important to contact an attorney soon after your injury to discuss
your case in detail. An early investigation is important to the success of the case.
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What kind of compensation can I expect for my injuries?
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If you are injured because a property owner or a business establishment fails to provide a safe environment,
you have a right to bring a claim for your pain and suffering, medical expenses, and lost wages.
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Pain and Suffering
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Pain and suffering are real and measurable. The law and most insurance companies grade pain as severe, moderate,
slight or minimal, as well as periodic or chronic. Expected future pain can greatly increase a claim for damages.
Suffering can include depression, changes in lifestyle, anxiety, or even relationship troubles after an injury.
No dollar amount can erase pain and suffering, but you deserve compensation.
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Compensatory Damages
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You should receive compensation for all reasonable expenses you have paid as a result of the accident, as well as
future expenses. This includes medical bills (past and future), transportation, household help, help taking care
of your family members, future loss of income and cost of care.
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Income
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You should receive compensation for any loss of income you suffer as a result of your accident, as well as any
future income loss. Additionally, you should be compensated for a loss of earning capacity, such as a permanent
disability that restricts your competitiveness in the job market. Our firm is very skilled at recognizing the
different types of income losses.
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Punitive Damages
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In some cases with gross negligence or violations of the law, you may recover punitive damages against the wrong doer.
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