Property owners are responsible for maintaining a safe and secure environment for anyone who may be able to access it. The property could be a house, an office building, an open public space, or a retail store. This legal responsibility is a duty of care that holds property owners liable for any harm to a person. Situations where a person becomes a victim of an accident occurring on the property can result in a premises liability lawsuit.
Victims injured due to negligent property owners can file a lawsuit to demand compensation for injuries. Property owners can be a large company or a single homeowner, and neither entity is usually quick to pay a settlement for an injury or damages. As victims go through the legal process of filing a lawsuit, they may meet financial struggles from medical bills, lost wages, and attorney fees.
Anyone injured due to poor property maintenance can seek premises liability pre-settlement funding with the Legal Funding Group. If you were involved in a premises liability lawsuit, you might be eligible to receive legal funding to fund your legal proceedings.
Examples of Premises Liability Cases
Certain types of premises liability cases are frequently seen in the court system than others. Among the most common are:
Slip and Fall Accidents
Wet floors, icy sidewalks, uneven pavement, and damaged parking lots have contributed many premises liability lawsuits. If no warning of such danger is present or if a warning is not adequate, the property owner may face a legal claim from an injured party.
When a property sits in a high crime area, the owner should help protect his interest by hiring security personnel. Should a visitor to the property be attacked due to inadequate security, the victim may attempt to hold the owner legally responsible. For example, if there is no outdoor lighting in the parking area of a shopping mall, an ideal situation exists for a perpetrator to attack a shopper.
Elevator and Escalator Accidents
When elevators do not level with a building’s floor at a stop, an individual could be severely injured upon entering or exiting the cage. Additionally, if an elevator quickly drops several stories or slams to a sudden stop, passengers can be critically injured. Faulty escalators can cause a rider’s clothing to become entangled in the mechanism and seriously harm the person. If any of these incidents cause injury, the victim may be able to file a premises liability suit against the manufacturer and the property owner.
Swimming Pool Injuries
Often, a swimming pool accident involves a faulty fence/protective barrier or a complete lack thereof. If a pool is not adequately secured, the property owner may be held responsible for accidents that occur.
Amusement Park Accidents
The range of potential accidents that can occur at amusement parks goes from minor to tragic. Just because the victim may have signed a waiver upon entry to the park does not automatically mean that the property owner cannot be held liable for injuries received.
Concert and Live Show Injuries
If an invitee to a concert or live show is injured because of a potential threat at the venue that was not adequately addressed by the owner, the individual may be able to seek compensation for damages. Suppose a malfunction occurs with pyrotechnics being used in the show and results in someone being injured. In that case, the performer and the management company could potentially be held legally responsible.
Filing a Premises Liability Lawsuit
Unfortunately, many fraudulent lawsuits have been filed by individuals looking to get financial gain by claiming a slip and fall accident happened. Because of this history of fraud, the U.S. legal system has established specific factors that must be proven by the victim for compensation to be awarded. Five elements required in a premises liability claim are:
- Real damages were sustained. Medical documentation and expert testimony from a medical professional can be used to prove the authenticity of injuries.
- Sustained injuries are directly due to the defendant’s negligence. The victim must prove that the property owner’s carelessness or negligence contributed to or directly caused the injuries.
- The defendant owed the victim a duty of care based on the victim’s status. The injured party must show that he or she was an invitee or licensee (or was the parent of the child trespassing) when the accident occurred. If this cannot be established, the property owner cannot be held liable for damages.
- The property was used recklessly or carelessly by the owner. Proof must be shown that the property was managed or used negligently.
- The named defendant leases, owns, or lives on the property. Paperwork and documentation must be produced showing ownership or a leasing agreement that establishes the defendant as a property owner with a duty of care.
The Legal Funding Group evaluates each of the above factors to determine the liability extent of a defendant. By doing so, our funding company can accurately determine the approximate value of a premises liability lawsuit. This enables us to determine the amount of funds a plaintiff qualifies for and how likely the case will result in a favorable outcome.
Premises Liability Legal Funding Options
At any phase of a premises liability lawsuit, our funding company can provide cash advances. Whether a plaintiff needs cash to maintain financial stability before a settlement is reached or afterward while waiting for disbursement of funds, we can help. Regardless of the timing, we want to aid victims in fighting for the best outcome in their case. The following are common types of funding available:
While it may seem unconscionable, some lawsuits can take years to either reach a settlement or be decided in court. This scenario can be devastating financially for a victim who is waiting for a payout. We at The Legal Funding Group fully understand this dilemma and offer clients premises liability pre-settlement funding to help with household living expenses, legal costs, and medical bills during the lengthy legal process.
When a lawsuit has been resolved, but the funds have not been disbursed yet, plaintiffs can find themselves in need of cash until the payout is made. Defendants may be dragging things out by requesting an appeal, thus delaying the funds indefinitely. Here’s where our premises liability post-settlement funding can make a difference for the plaintiff by providing financial relief.
With a premises liability cash advance, a plaintiff can acquire cash in the total amount anticipated from the lawsuit settlement.
None of these options require a credit check. We make our determination based on the lawsuit’s strength and not on the plaintiff’s financial history or income.
Funding Amount for Premises Liability Cases
The process for premises liability legal funding is straightforward. The Legal Funding Group will work directly with the plaintiff’s attorney to evaluate the claim and focus on specific case details that include:
Liability – How apparent is the fault element in the case? If it is well established through witness statements, videos or pictures, an emergency medical provider’s documentation, and an incident report, the determination process is made easier.
Damages – What level of injury resulted from the accident? If the injury caused time away from work and created substantial medical bills, a premises liability lawsuit may settle at a high amount.
Insurance Coverage – Is the premises covered by insurance? Most commercial policies are typically big enough to cover most claims.