A person who is injured while on the premises of another has the
right, under Premise Liability Law, to seek compensation from the
property owner. A court may determine whether or not compensation should
be paid, and will also determine the amount of compensation. In
general, compensation will only be payable if the claimant can prove
that the property owner was negligent in some way, and that it was this
negligence which led to the injury or loss.
Premise Liability Law and the Workplace
Any
employee who suffers an injury while in his or her place of work is
covered by the terms of Premise Liability Law. If the employee can prove
negligence on behalf of the employer, compensation may be payable.
This
is a complex area, and it is advisable to seek advice from an accident
lawyer. To see why, it is best to look at a couple of examples.
Workplace Accidents
1)
The first example is relatively straightforward. A storeowner decides
to replace the flooring behind the store counter. The new flooring is
elevated several inches above the surrounding flooring. It is installed
overnight when the store is closed.
The following morning, the
employee responsible for opening the store, trips over the new flooring
and injures herself. The storeowner had not told her of the new
flooring, and accident lawyers could claim that the owner is negligent.
2)
The second example is more complicated. A store uses a basement area to
hold stock. Access to the basement is via a trapdoor. The owner
realizes that the trapdoor is potentially dangerous when open. She buys a
protective cage to be placed around the trapdoor before it is opened.
Every member of staff is shown how to use the cage, and given explicit
orders that they must use it every time they want to open the trapdoor.
An
employee, believing he is the only employee in the store at the time,
opens the trapdoor without putting the safety cage in place. A cleaner
coming to work earlier than expected falls through the open trapdoor and
is injured.
While the cleaner's injuries are clearly the result
of negligence, who is actually responsible for paying compensation? An
accident injury lawyer could best explain the options in this particular
example.
Professional Expertise
Nearly
every area of law has the potential to be extremely complicated, and
Premise Liability Law is no exception. What may seem to be a
straightforward case can have many twists and turns. Whether you are a
plaintiff (claimant) or an employer, it is a high-risk strategy to
proceed without getting professional advice from a specialist accident
lawyer. Not only can an experienced accident lawyer insure that all the
facts beneficial to your case are presented, but he or she is best
qualified to know if the compensation amount offered or asked for is
realistic.