Premises Liability Lawyers
Montlick & Associates, Attorneys at Law – Serving Injured Clients Nationwide.
This Page at a Glance:
- Montlick & Associates: Holding Property Owners Responsible for Negligence
- We Know What It Takes To WinTM Your Premises Liability Claim!
- Common Causes of Injuries Sustained in Premises Liability Claims
- The Relationship Between the Plaintiff and the Property Owner/Occupier
- Navigating Common Defenses Made by Property Owners
- Helping Injured Premises Liability Victims Receive Full and Fair Compensation
- Watch Out for Legal Time Deadlines! Compliance with Timing Requirements
- Experienced and Compassionate Premises Liability Lawyers Available to Assist Victims
Montlick & Associates: Holding Property Owners Responsible for Negligence for Slip/Trip and Falls, Falling Objects, Negligent Security, and Other Types of Accidents Caused by Negligent Property Owners/Occupiers
For over 38 years, Montlick & Associates, Attorneys at Law, has been fighting for the rights of injured victims to recover compensation following avoidable accidents at retail businesses, restaurants, residences, and other properties. Over our decades of experience, we have recovered billions of dollars in compensation for our personal injury clients and their families.* Our attorneys understand how a person’s life can change in an instant because of the negligence of property owners who fail to keep their premises safe from dangerous hazards. We are committed to treating our clients like family. We pride ourselves on exceptional customer service as we diligently pursue our clients’ cases, fighting hard to get them the compensation they deserve.
We Know What It Takes To WinTM Your Premises Liability Claim!
Our Premises Liability Attorneys at Montlick & Associates understand the types of tactics that negligent property owners use with the intention of preventing injured victims from obtaining compensation for their injuries. We work hard on behalf of each injured client in order to explore and aggressively pursue all avenues of recovery, prove the liability of person or company responsible, quantify the nature and extent of the injury, and maximize the value of their cases.
Our firm has been representing injured victims and their families for over 38 years, and we offer our clients personalized legal help and formidable representation against premises liability defendants, who often attempt to deny or minimize our clients’ claims. In the appropriate cases, we fight to compel property owners to preserve important evidence at the scene, such as camera footage, maintenance logs, objects that contributed to or caused the incident, and others. We also explore all avenues of recovery in such claims, so as not to leave out additional people or companies that could be held responsible for our clients’ injuries. Most importantly, we work diligently on our clients’ behalf to quantify the nature and extent of their injuries in order to obtain valuable compensation for our clients’ injuries, including compensation for medical expenses, lost wages, disability and pain and suffering.
Our attorneys and affiliated co-counsel serve clients nationwide.** If you or a family member sustained injuries on someone else’s property, call us Nationwide 24/7 for your Free Case evaluation at 1-800-LAW NEED (1-800-529-6333). We also can be reached by dialing #WIN (#949) from your cell phone (with most cell carriers) or by visiting us at Montlick.com and using our using our Free 24-hour live chat service or online free case evaluation form.
Common Causes of Injuries Sustained in Premises Liability Claims
Property owners and occupiers owe a duty to the public to keep their premises safe, and can be held liable if their failure to do so results in injuries, whether an injury occurs in a restaurant, store, or someone else’s home. Often, victims are left with severe injuries, costly medical care, lost income, disability, and pain and suffering when injured because of an unsafe condition on someone else’s property. When an injured plaintiff pursues a case against a property owner on the basis of their failure to keep their property safe, it is called a premises liability claim. Our attorneys handle cases involving all types of scenarios in which a property owner can be held accountable for negligence (some of which are particularly unique), but common causes of premises liability claims include the following:
- Slippery and/or wet floors
- Unmarked sudden drops in elevation
- Illusions without proper warnings
- Collapsing staircases, balconies, and outdoor patios
- Poor lighting
- Structural defects known by a homeowner
- Uncovered holes
- Building fires
- Gas leaks, including those that result in poisoning
- Failure to adhere to applicable building codes
- Unsecured falling objects
- Unattended heavy machinery
- Amusement park/carnival ride accidents
- Malfunctioning elevators/escalators
- Improperly aligned pathways and floors
- Inadequate supervision
- Unfenced swimming pools or other bodies of water
- Negligent Security, in cases where property owners fail to take the appropriate steps to protect customers’ and/or tenants’ safety, and someone is severely injured or tragically killed because of an act of violence.
Slip/trip and fall accidents in particular are common bases for premises liability claims. In fact, it is well-known that elderly individuals are at an increased risk of death or catastrophic injury when they are involved falls, and the most common cause of disability or death in children is a head injury. It is also unfortunate that one of the most common causes of head injuries in children are falls. However, each premises liability claim is unique and can affect people of all ages. As noted above, they can arise out of many scenarios and incidents, whether they be failure of a property owner to clean a spill, warn of a high voltage area, or prevent heavy objects, such as light fixtures or pieces of ceiling, from falling on someone’s head. Property owners and occupiers are also responsible, by way of example, for covering holes in the ground, obeying structural building codes and local ordinances, warning of known hazards, and even inspecting their property for less noticeable dangers. In negligent security cases, our firm pursues cases in which victims are physically assaulted, raped or tragically murdered when property owners fail to maintain adequate security when they are aware of a high probability or likelihood of violent crimes.
The Relationship Between the Plaintiff and the Property Owner/Occupier
In most states, the level of responsibility that property owners and occupiers owe to others depends in large part on the reason for the victim being on the property. Generally, the law establishes three different scenarios that directly affect the property owner’s duty of care.
- An invitee is someone who has been invited or induced to come to a property, generally for business purposes. Invitees are the most common types of plaintiffs asserting personal injury claims. For example, a shopper who falls because of a spill in a grocery aisle is an invitee, because that person is there for business purposes. A person performing a service for a homeowner, such as a plumber or an electrician, is an invitee in relation to the homeowner. In addition, tenants of landlords are generally, depending on the applicable state law, also considered invitees, in that landlords owe tenants duties to keep the property is good repair. It is also important to recognize that state law can vary significantly on these issues. However, in most states, property owners owe the highest duty of care to invitees, meaning they are generally liable to them for negligence. In effect, many states’ laws require owners to reasonably inspect their property to ensure their premises are safe for invitees.
- A licensee is a person on a property generally for recreational or personal reasons. For example, a social guest is a licensee. Licensees are owed a lower duty of care than invitees, but state law can vary on what type of duty is owed. For example, some states say that property owners owe a duty not to willfully or wantonly harm licensees, while others may allow a plaintiff licensee to bring a claim against a property owner for recklessness or gross negligence.
- A trespasser generally receives the least protection as he or she is not permitted to be on the owner’s property. The owner of the property cannot engage in a course of conduct designed to purposefully injure trespassers. For example, they cannot set a spring-gun trap, but a property owner generally owes very little of a duty to a trespasser, if at all.
There are exceptions to these general rules and categories and laws can vary significantly from state to state, so it is always advised that you consult with one of our experienced Premises Liability Attorneys about what happened. We can advise you and your family on your legal rights as well as what steps should be taken to protect those rights. Call us nationwide 24 hours a day, 7 days a week at 1-800-LAW-NEED (1-800-529-6333) or dial #WIN (#946) from your cell phone for your free consultation. You may also visit our website at Montlick.com and use our free, 24-hour Live Chat or submit a free case evaluation form.
Navigating Common Defenses Made by Property Owners
Property owners often vigorously defend premises liability claims, alleging they are not at fault for what happened, and they often argue two common theories as to why they should not be held liable. The first concerns notice, in that a defendant may argue that it was not aware of a hazard or that it did not have enough time to discover and remove one. For example, if a customer in a grocery aisle spills a can of sparkling water on the floor, and then three minutes later, another customer falls because of the spill, a likely argument for the grocery store, if the second customer brings an action, is that the hazard did not exist long enough for it to have discovered and cleaned the spill. A retail store where you slipped and fell on a spill may tout its policy of checking floors for dangers every 30 minutes as evidence it acted in a reasonably careful way. However, the longer the spill was present, or if employees were nearby, it becomes more difficult for the grocery store to make this argument. Issues as to notice can become critical in premises liability claims. For the purposes of giving another example, in negligent security cases, a property owner may argue that they had no knowledge, or even that there was no history of violent crime on the property before the incident.
Another common defense to premises liability claims is that the plaintiff was in some way responsible for the incident. Depending on the state in which the incident occurred, the plaintiff’s ability to recover financial compensation for their damages can depend on the Plaintiff’s relative degree of fault compared to that of the property owner. There are two types of legal doctrines that resolve this issue, depending on the law of the state in which the incident occurred:
- Comparative Negligence, in those states that recognize it, can bea defense to a personal injury claim in which a plaintiff’s money recovery is reduced by their proportional degree of fault. For example, if an injured victim is deemed 30 percent at fault for an incident, the plaintiff can only recover 70 percent for their damages from the defendant. In a pure comparative negligence state, a plaintiff can recover their proportional level of damages regardless of their degree of fault. Alternatively, in amodified comparative negligence state, the plaintiff can generally only recover damages if the plaintiff is less than 50 percent at fault for the incident.
- Contributory Negligence is a less common rule concerning personal injury claims, but it is applied as law in five states. It is also less favorable to plaintiffs. Under the rule, a plaintiff cannot recover damages from a defendant if the plaintiff is even slightly at fault. In fact, in a contributory negligence state, a plaintiff cannot recover damages even if they are merely one percent at fault for their injuries.
In some cases, multiple defendants can be responsible for a plaintiff’s injuries, such as, for example, when a property owner employs maintenance or property management companies, or when it is alleged that a person or company leasing the property from the owner is responsible for an incident. Ultimately, a jury could likely be charged with apportioning fault between multiple defendants and, if applicable, the victim in such cases.
The above issues demonstrate the necessity for legal advice if you have been injured at a store, restaurant, house, apartment, condominium or any other residence, place of business or property. Call us nationwide 24 hours a day, 7 days a week at 1-800-LAW-NEED (1-800-529-6333) or dial #WIN (#946) from your cell phone for your free consultation. You may also visit our website Montlick.com and use our free, 24-hour Live Chat or submit a free case evaluation form.
Helping Injured Premises Liability Victims Receive Full and Fair Compensation
The main purpose of filing a premises liability claim or lawsuit is to be able to eventually obtain compensation for the damages you or your loved one incur because of an incident caused by a property owner’s negligence.
Our attorneys pursue all of the types of monetary compensation that our clients are entitled to recover. Depending on the facts of a case and the applicable law, these may include:
- Past and future medical bills
- Lost income
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Punitive or “Penalty” Damages if the defendant’s conduct is egregious, such as when the property owner willfully ignores building codes or recklessly fails to remove a known danger (subject to state law)
- Loss of consortium
- Emotional distress
In the case of a tragic loss of a family member arising out of an incident caused by someone else’s negligence, our attorneys pursue wrongful death claims on behalf of our clients. The rights of plaintiffs to pursue wrongful death claims, including the proper parties to bring a claim, are subject to the applicable law of a particular state, and the types of damages recovered can significantly vary from state-to-state as well. For example, the types of damages or combination of damages some states allow for wrongful death claimants include the full economic and non-economic value of the life of the victim, loss of companionship, value of support and services, and/or punitive damages, to name a few. Often, families are also entitled to burial and funeral expenses, medical expenses incurred, and pain and suffering endured by the deceased victim. However, even the proper party to bring such a claim (or multiple claims) can vary depending on the state where the accident occurred. If you lost a family member in an accident caused by someone else’s negligence, contact us for a free consultation to learn about your legal rights and options. Let our attorneys help you navigate this difficult time, answer your questions, and let you know how we can help.
Each individual claim is unique, and it is generally not possible to predict a precise dollar amount of value at beginning of a client’s case. However, our attorneys can usually advise clients regarding a range of value once all evidence has been assembled, we have determined the nature and long-term extent of the injury, have reviewed all medical documents and bills, and examined the strength of the evidence and applicable law.
Montlick & Associates, Attorneys at Law knows how to help our premises liability clients fight for the maximum amount of compensation that they are entitled to by law. Although many of these cases can be resolved out of court, sometimes it is necessary to file a lawsuit against the party responsible for a client’s injuries. In such situations, the client is always integral to a decision on whether to pursue litigation, and our firm will not hesitate to bring a case to trial if necessary.
Watch Out for Legal Time Deadlines! Compliance with Timing Requirements
Do not delay in seeking legal assistance, as failure to file a lawsuit within the applicable statute of limitations, or legal time deadline, can permanently bar your right to a recovery. It is important to note that these statutes of limitations can vary significantly depending on the type of claim being asserted as well as the state in which the claim is brought (in some cases federal law will control). For example, a personal injury claim may have a different statute of limitations in a given state than, for example, a breach of contract claim. Additionally, when making claims against governmental entities, depending on the laws of a particular state, much shorter time deadlines can apply as well as notification requirements to the appropriate governmental entity.Even if the time period has not passed, waiting too long before filing any personal injury lawsuit can result in the disappearance of crucial evidence or witnesses’ memories failing, leaving the injured victim with little to no evidence with which to prove their case.
Experienced and Compassionate Premises Liability Lawyers Available to Assist Victims
Our attorneys will discuss the facts of your injury accident with you during a free case consultation and advise you on your legal rights, as well as the steps that are necessary to recovering compensation for your injuries. Call Montlick & Associates, Attorneys at Law toll-free, 24/7 for your Free Case evaluation at 1-800-LAW NEED (1-800-529-6333). We also can be reached by dialing #WIN (#949) from your cell phone (with most cell carriers) or by visiting us at Montlick.com and using our using our Free 24-hour live chat service or online free case evaluation form.
*Dollars recovered are cumulative and are not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
**Legal Services are provided by Montlick & Associates, P.C. and when appropriate local associated law firms at no additional cost to you depending on the jurisdiction, and any specialized expertise required. For more information, click here.
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