Settlement Negotiations in Premises Liability Cases
People regularly enter businesses and other properties without hesitation. However, in many instances, a person visiting someone else’s property will encounter a dangerous condition and suffer serious harm as a result. Unexpected injuries can cause significant losses, and therefore many people hurt on another person’s property will file a premises liability lawsuit against the owner of the property to recover compensation. While all cases should be handled as if they will be tried, in reality, the majority of cases settle before they ever reach the trial phase. If you suffered an injury on someone else’s property, the experienced Cape Cod premises liability lawyers of the Law Offices of John C. Manoog, III can gather all available evidence to help pursue compensation. Through our zealous representation, we have recovered multiple multimillion-dollar settlements and verdicts for our clients.Establishing Liability Prior to Settlement Negotiations
It is crucial that anyone seeking to negotiate a settlement in a premises liability case establish the defendant’s legal fault to increase the likelihood of a successful outcome. Generally, a plaintiff seeking damages in a premises liability lawsuit will assert a negligence claim against the defendant. As such, the plaintiff must prove that the defendant owed the plaintiff a duty, the defendant breached the duty, and the plaintiff suffered harm as a result of the breach.
Massachusetts imposes a duty on property owners to maintain their properties in a reasonably safe condition so as to diminish the risk of foreseeable harm to people entering their properties. Thus, to prove legal fault in a premises liability case, the plaintiff usually must show that he or she suffered harm due to a dangerous condition on the property that the defendant knew or should have known about. In many premises liability cases, the dangerous condition is transient, and there may be little concrete evidence showing how long the condition existed, or what caused the condition. As such, plaintiffs may have to rely on eyewitness statements, evidence regarding the defendant’s procedures for inspecting for dangerous conditions, and other circumstantial evidence to establish liability.
In certain instances, the plaintiff does not need to prove the defendant had notice, such as if he or she can show that the dangerous condition was a reasonably foreseeable result of a company’s mode of operation. For example, if a person slipped and fell in a grocery store due to produce being on the floor, the plaintiff may be able to demonstrate it is common for produce to fall on the floor in grocery stores, and therefore the defendant should have anticipated that people could suffer harm due to these spilled products. A seasoned premises liability attorney can help you develop an argument of this nature if it is applicable in your case.Proving Damages in a Premises Liability Case
In addition to proving fault, a plaintiff pursuing settlement negotiations in a premises liability case must also establish the damages caused by his or her injuries. Typically, damages will include economic harm, such as the cost of any medical treatment that the plaintiff had to undergo for his or her injuries, and the cost of any treatment that will be needed in the future. If the plaintiff could not work due to his or her injuries, he or she may be able to seek compensation for lost wages as well. Additionally, it is common for a plaintiff to pursue damages for the noneconomic harm caused by his or her injuries, such as the pain, suffering, and emotional trauma he or she endured.Slip and Fall Lawyers for Residents of Cape Cod
In many instances, even if a defendant is clearly responsible, it can be prudent for a plaintiff to pursue settlement negotiations in a premises liability case rather than risk an uncertain outcome at trial. If you sustained injuries on someone else’s property, it is advisable to consult an attorney regarding your potential damages. At the Law Offices of John C. Manoog, III, can help you understand your legal rights and assist you in seeking the full amount of compensation you may be owed. Our skillful advocacy has enabled us to attain numerous successful outcomes on behalf of our clients, with many settlements and verdicts exceeding one million dollars. We represent injured people in lawsuits in Cape Cod, and we can meet for consultations in Hyannis and Plymouth. We can be reached at 888-262-6664 or through our form online to schedule a consultation. Nós Falamos Português.