Have you incurred injuries from a falling shelf in a store? Falling shelves are just one example of a dangerous building. Other hazards include poor construction, faulty wiring, inadequate security, and slippery floors. If you've been injured in an accident that occurred in a dangerous building, speak to a personal injury attorney today. You may be entitled to compensation for your injuries. Here are ways this attorney can claim compensation from the property owner:
1. Proving That the Property Owner Owed You a Duty of Care
You must show the property owner has a duty to prevent harm. This is usually not difficult to do in cases involving falling shelves, as property owners have a general duty to keep their premises safe for visitors.
However, demonstrating that the property owner breached this duty can be more challenging. Your attorney will need to gather evidence showing that the shelf was not properly secured or that the property owner was aware of the dangerous condition and did nothing to fix it.
2. Showing That the Property Owner Breached Their Duty of Care
To prevail in such a case, you must show that the property owner breached their duty of care. This means they failed to take reasonable steps to prevent the shelf from falling and injuring you. For example, if the shelf was not properly secured or overloaded with heavy objects, the property owner may be liable for your injuries.
3. Establishing causation
The next step is to establish causation, which means linking the property owner's breach of duty to your injuries. This can be done by showing that the falling shelf was the direct cause of your injuries. For example, if you sustained a broken arm from the fall, your personal injury attorney will need to demonstrate that the fall would not have occurred but for the property owner's negligence.
4. Demonstrating That You Have Suffered Damages as a Result of Your Injuries
The final step is to prove that you have suffered damages or financial losses due to your injuries. This may include medical bills, lost wages, and pain and suffering. Your attorney will gather documentation to support your monetary and non-monetary loss claims.
5. Negotiating a Fair and Just Settlement
Once the evidence has been gathered, your attorney will begin negotiations with the property owner's insurance company. The goal is to reach a settlement that compensates you for your losses. If the insurance company is unwilling to make a fair offer, your attorney may recommend filing a lawsuit.
Knowing how to proceed after you've been in an unusual accident, like a falling shelf, can be hard, so you need good legal counsel. Consult a personal injury firm, such as Martinez King Law Firm, PLLC, for guidance when injured in a dangerous structure.