Property owners are obligated under law to use reasonable care when it comes to their property. That principle of law has for a long time fostered safety throughout our society. It’s about accountability. Accordingly, if property which is not adequately cared for causes someone injury, the property owner is legally responsible for the injured parties’ harms and losses. Negligent property care can take many forms: an unlevel floor surface causing tripping; tricky stairs which don’t conform to code; an unmarked hole; liquid, ice or debris where people are known to walk; a biting dog; dangerous machinery or equipment; a missing handrail; inadequate lighting; inadequate or poorly maintained seating. If there is a danger which can be anticipated, the property owner is to use reasonable care to prevent that injury. A failure to do so creates legal liability for injury.
Property insurance is purchased to cover injuries caused by such neglect, but the insurance company will do what it can to minimize the cost of any claim. An injured party, therefore, needs to have someone on his or her side. Without a properly prepared claim which effectively establishes financial risk, there is simply no incentive for the insurance company to buy out of the claim. They are not going to pay simply because it’s the right thing to do. Ultimately, what an insurance company will pay on a claim depends on what they perceive to be their probable financial exposure. For that reason, a properly developed claim brought by a knowledgeable advocate has more value. Most personal injury cases settle without trial, but it is the threat of taking a hit in court that makes an insurance company eager to buy out of a claim.
For over sixty years, the personal injury lawyers at Winer and Bennett, LLP, have been successfully representing parties injured by dangerous property conditions. If you want skilled and determined legal representation, call (603) 882-5157 for a free initial consultation. Our injury lawyers usually offer their services in such cases without being paid until and unless there is a successful outcome.