Premises liability lawsuits result from accidents and injuries on someone else’s property because of negligent upkeep or maintenance. Civil laws require that landowners, possessors, and managers keep their property hazard-free to protect visitors they invite to enter the premises.
While not all accidents on property owned by another party are valid causes for a lawsuit, the courts will hold them financially responsible when the elements required by law are present. Contact a qualified Lawton premises liability lawyer at AMA Law for more information. Consultations with our seasoned personal injury attorneys are always free and have no obligation.
While the laws require that all landowners maintain their properties, the level of care they owe people depends on the reason they entered the property.
The owner invites invitees to enter the premises for business or personal reasons and owes them the highest duty to protect them from harm. Under the law, the landowner must keep the property reasonably safe and is liable for damages caused by their failure to meet the standard.
Licensees have consented to enter for personal reasons, and landowners owe them the second highest duty of care to keep the building and surrounding areas safe and protect them from sustained injuries while on the premises. According to the regulations, they must warn licensees of any potential defects or hazards that put them at risk.
Trespassers enter properties without permission, and owners have no legal responsibility to keep the property hazard-free for them or warn them of potential risks. However, they cannot intentionally create a dangerous situation to cause them bodily harm. Our knowledgeable Lawton premises liability attorneys can answer specific questions during an initial consultation and help determine which visitor category you fall within.
During the civil claims proceedings for premises liability cases, the defendant (i.e. the negligent property owner) often asserts that the injured party shares fault for the damages that occurred. The Oklahoma Statutes § 23-13 provides that the state follows a modified comparative fault rule for shared liability when both parties are at fault. The injured party can still collect compensation if they are under 50 percent responsible for the accident.
That means if the total cost of damages is $90,000 and the civil court determines the injured individual is 20 percent responsible, the amount they are eligible to collect is $72,000. A skilled premises liability lawyer in Lawton can answer your questions about the state regulations and help calculate a potential settlement amount.
After the court determines the property owner is responsible for your damages, they may award compensation to cover the following:
The court considers your verifiable losses—such as medical bills and the time you missed from work—and non-monetary damages, such as the emotional distress and physical pain associated with your injuries.
Premises liability laws protect people when property owners are careless and fail to meet their legal obligations, causing visitors to suffer bodily harm and other damages. However, the cases are complex, and many factors play a role in the owner’s level of fault and the compensation amount available to you.
A diligent Lawton premises liability lawyer at AMA Law can review the specifics of your case and determine if there is cause to take legal action. We can guide you through the challenging process and fight for the fair compensation you need and deserve. Call today to schedule your free case review.