Mitchell Hoffman & Wolf partner J. Wesley Mitchell recently obtained a settlement for a client who suffered a back injury requiring surgery.
Jay secured $400,000 for a client who suffered the injury when she fell due to an unsafe condition that could have been easily corrected by the Defendant.
We’re proud to fight for the rights of injured people and to help them recover the costs of their medical care, address their pain and suffering, and help restore their quality of life.
What is a Premises Liability Case?
A premises liability case occurs when an individual suffers injury due to an unsafe condition or activity on someone else’s property. This can happen anywhere, including on a sidewalk, at your workplace, or in another place of business, such as a store or restaurant. Poor lighting, wet floors, potholes, icy sidewalks, and other factors can cause these accidents.
Generally, a property owner is legally responsible for providing a safe environment in the spaces they control, but to win a lawsuit against them you must prove that their negligence caused your injuries. This means that a Plaintiff must show that the property owner created the unsafe condition or had notice of the hazard and failed to correct it.
Plaintiffs must also show there was nothing they reasonably could have done to prevent the injuries. For example, if it is shown that the Plaintiff ignored caution signs or was looking down at their phone, the Defendants attorneys and the insurance company will argue that the fall was caused by the Plaintiff’s own failure to act with ordinary care. This is often referred to as comparative fault. Defendants also frequently argue that the condition was “open and obvious” and no duty to warn existed and that it was purely the Plaintiff’s conduct that lead to the injury.
If you or a loved one has suffered an injury caused by a fall, contact the experienced personal injury attorneys at Mitchell Hoffman & Wolf for a free consultation.
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