Premises Liability: Did A Broken Guard Rail Cause Your Injuries?

If you received injuries from a broken or loose guard rail at a local business, you may want to file a premises liability claim soon. Premises liability is a specific type of personal injury accident. Learn more about premises liability and whether or not you can use it to file a personal injury claim below.

What Exactly Does Premises Liability Mean?

Premises liability generally describes accidents that occur on the property of someone else, such as in a grocery store or in a next-door neighbor's yard. In other words, an individual or a company can become legally liable (responsible) for any accidents that occur on their property (premises).

Premises liability accidents may occur from many things, including wet pavement, congested store aisles, and even broken or loose guard or hand rails. Guard and hand rails should prevent individuals from falling or slipping off a structure, such as stairs or steps. However, rails that loosen up from rust or poor maintenance can become dangerous if they suddenly break. The broken rails may cause you to lose your footing and become seriously injured.

If you lost your footing due to faulty guard or hand rails, consult a personal injury lawyer today.

How Do You File a Premises Liability Claim and Why?

A personal injury attorney may file a premises liability claim for you. But before an attorney files a civil claim on your behalf, they may:

  • investigate or examine the guard or hand rails to see if they caused your accident
  • examine civil court records to see if anyone else experienced injuries from the guard or hand rails
  • check the store's history to see if it has other previous personal or premises liability problems 

If an attorney finds the answers they need to file a premises liability claim for you, they'll reach out the store's insurance provider. If the evidence is damaging, the insurer may want to settle your claim out of civil court. In this case, the attorney may receive several things for you, including compensation for your injuries and medical expenses. You may also need to pay legal fees out of your compensation. 

If the insurance company refuses to settle the claim or refutes the evidence presented to them, your attorney may file a civil suit for you. The civil suit may go to trial at a later date. Your attorney will update you about your case on a regular basis. 

Learn more about premises liability and whether or not you have a claim or case by contacting an attorney soon.