Understanding Premises Liability Claims: A Detailed Exposition for the Attorney

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Understanding Premises Liability Claims A Detailed Exposition for the Attorney

Introduction

One critical area in personal injury law is premises liability, which usually involves multifaceted legal and medical issues. Being a medical records review company that caters to attorneys nationwide, it is imperative to comprehend the nuances of these claims for optimal assistance. This article explores the complexities of premises liability, the importance of medical records in such cases, and provides suggestions on how attorneys can use our services to improve their practice.

What is Premise Liability?

• Definition: The liability of a property owner to keep safe his or her premises for a reasonable visitor is known as premises liability.

• Most Common Situations:

• Slip and fall accidents

• Dog Bites

• Homicides/Assaults due to Inadequate Security

• Hazardous conditions causing injury

Key Elements of a Premises Liability Claim

An Owner Is Required To: A reasonable degree of care is required from property owners to avoid potential injury.

Negligence: Someone who fails to carry out an act can be held liable

Causation: There actor’s liability must cause the injury.

Consequence: Actual injury must demonstrably be there.

Most Frequently Seen Types of Premises Liability Claims:

Slip and Fall Accidents: These can take place due to wet floors, rough edges, poor lighting, or anything else that may pose a risk.

Inadequate Security: A claim that comes forth when a person gets assaulted or there is theft due to lack of security measures.

Negligent Maintenance: Injuries stemming from broken down property maintenance, such as broken stairs or landings.

Understanding the Importance of Medical Records in Premises Liability Claims

The Importance of Medical Records: Medical records highlight vital details of injuries such as treatments undergone and their effects on the victim’s life.

How do we help lawyers:

Systematic Review: We review medical records with the aim of finding documents that support the claim.

Case Insights: Medical aspects of the case are relayed to lawyers to provide stronger arguments on behalf of their clients.

Emerging Issues: There has been a spike of 15% in premises liability claims on record in the last year or so, indicating they are poorly documented and reviewed.

Shifting Boundaries of Liability Following COVID 19: The pandemic shifted most liability concerns that were previously associated with health and safety protocols resulting in increased claims.

Frequently Asked Questions

•What’s the protocol if I am injured on another person’s property?

•You should acquire the appropriate medical assistance, photograph the area, and notify the owner of the property about the incident.

•In what ways can my claim be impacted by medical records?

•Medical records can significantly affect compensation because they serve as proof of the injury’s severity and the treatment rendered.

Case Studies

Case Study 1: Slip and Fall at a Grocery Store

•Overview: A customer slipped and fell on a wet floor in a grocery store and fractured a wrist due to the fall.

•Challenges: The store counter-argued that the customer lacked attention.

•Solutions: We reviewed the medical records and were able to prove that the injury was indeed severe and required extensive rehabilitation.

Case Study 2: Assault due to Inadequate Security Features

•Overview: A tenant was assaulted in a dimly lit parking lot of an apartment complex.

•Challenges: The landlord claimed that the tenant bore the responsibility of keeping them safe.

•Solutions: We utilized medical documents that highlighted the psychological impact of the assault.

Conclusion

Attorneys aiming at the range of personal injuries inflicted by a given incident need an understanding of premises liability claims. Utilizing our medical records review services helps develop better strategies which lead to better results for the clients.