Premise liability is a legal term used when an injury or accident affects a person due to the premises’ owner negligence. If it is proven that the accident was caused due to the owner’s fault, then he should compensate the injured person. Most premise owners therefore take insurance coverage to protect them against accident that may occur to them and others in their premises.
How to win a premise liability case
Negligence is the main cause of most premise injuries. For one to win a premise injury case, he must be able to prove the owner is responsible for the cause of your injury because of the unsafe or poor condition of the premises, and here the help of a Premise Liability Injury Attorney in Coeur D’Alene ID will come in handy.
In some situations, the property owner cannot be liable for your injury. This is the case where the property might have been in poor condition, but the owner had no knowledge about it. You should therefore proof that he had neglected his property or may have known about the unsafe conditions of his property.
Comparative negligence and how it affects a case
In some situations, the injury may not be entirely the property owners fault. Sometimes the plaintiff may be at fault in causing the accident. Comparative negligence is a form of defense raised by the defendant when he claims that the plaintiff was also responsible for what happened to him; there will be investigations to determine who was at fault and who had little to do with the accident. This is known as comparative negligence.
The word comparative is used because, investigation are done to compare how much each was at fault are carried out. After investigations, the jury or insurance company might find out that the bigger percentage of negligence was caused by the plaintiff rather than the defendant. This fact will be used to determine how much compensation the plaintiff will get. If the plaintiff was to get $2000 as compensation due to the defendant’s negligence and it is proved that the property owner was only 40% at fault, then the plaintiff will get 20% of the $2000.
It is always wise to hire a Premise Liability Injury Attorney in Coeur D’Alene ID whenever you are dealing with premise injury cases. Visit Deissner Law for more information.