Personal Injury Lawyers Are Superheroes

Bad things happen for no good reason, all the time. As Evans Moore Law points out, in South Carolina alone, there’s a fatal car accident every 8.9 hours. Nursing home residents face atrocious treatment, with 95% of residents saying they’ve been neglected or seen others neglected during their time in the home. Almost a third of all nursing homes have been cited for breaking federal guidelines. These are only a couple of basic statistics. There’s far more to be found for the risks people deal with every day with defective products that can lead to injuries or to death, including the very medication they are taking to feel better. Doctors make mistakes and act negligently every day. Business owners don’t keep their premises safe. Employees are constantly at risk of falling or things falling on them because someone didn’t attach the carpet or items on the walls properly.

Again, this is actually just a short list. The point is, bad things happen all the time to innocent, unprepared people. Luckily, in the world we live in, we can go to personal injury lawyers to make sure we get some compensation for those bad things. Personal injury lawyers perform this very important part of our justice system, making sure those who are victims aren’t left destitute when someone else makes a mistake or acts in a malicious fashion.

And yet, personal injury lawyers have such a bad, or at least complicated, reputation in our culture. I find that very puzzling. If we didn’t live in this world, if we lived in a world without personal injury lawyers, it’s true that some big corporations and some businesses would have more money in their pockets, but the most telling difference would be the number of people who are struggling to get by at all, dealing with serious injuries without having any way to pay for them, trying to find a way to earn a living without having the ability to work anymore, all while those responsible never had to pay a cent.

It’s easy, when comparing these two worlds, to see just how important it is we have personal injury lawyers with us. In truth, we should romanticize them in the way we sometimes romanticize court room lawyers, judges, police officers, and firefighters. Like all of those individuals, they are protecting us, holding people accountable, and looking for some kind of justice.

If we sometimes imagine other members of the emergency services and justice system are like superheroes, we really should start to include personal injury lawyers in that list. After all, it’s clear we’d all be much worse off in a world without them. It’s also clear that anytime you talk to someone who has had their financial world and their future saved by a personal injury lawyer, that that is exactly how they see their lawyer already.

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Types of Visitors in a Premise Liability Claim

Property owners have the responsibility to ensure that your premises are safe for your tenants. This is also the assumption that they will have once they occupy one of your units. But at the same time, visitors also have a reciprocal duty of care towards the property owner. When this responsibility is breached, the tenant or visitor can file a premise liability claim.

According to the website of Karlin, Fleisher & Falkenberg, LLC, it is the duty of property owners to ensure the proper upkeep and maintenance of their surroundings. However, the liability of the property owner depends on the legal status of the visitor. Generally, there are three types of visitors in a property:

Invitee

An invitee enters the premises for business purposes at the owner’s request. Examples of an invitee include customers, contractors, sales people, repair men, and others.

Licensee

This is a person who was invited at the premises by the property owner through invitation. For example, there is a party at the property. A licensee can make the property owner liable if they are able to prove three elements:

  1. The owner was aware of any condition or would discover the condition and realizes or should realize that it has an unreasonable risk of harm to the licensee
  2. There is an expectation that the licensee will not discover or realize the danger or will fail to protect themselves from it
  3. The owner failed to show reasonable care to protect the licensee from potential risks

Trespassers

A trespasser is neither an invitee nor a licensee so the property owner does not have any duty of care to them. If they get injured while inside the premises, they cannot file a claim. However, the owner cannot deliberately make the surrounding risky for trespassers. If he does so, the trespasser can make him civilly and criminally liable.

While they are just visitors to the premises, they have the legal duty to mitigate any injuries. They should take reasonable precautions to prevent injury. If the visitor gets injured, they should properly treat the injury or else they could not make the property owner liable.

Likewise, in most states, comparative fault is adopted. Thus, if the visitor was partially or fully responsible for their injuries, they cannot recover damages.

 

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