PREMISE LIABILITY
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Premise liability encompasses various factual scenarios like slip and falls, trip and falls, and ice and snow. Each factual scenario is different, and people need an experienced attorney who can help guide them while they recover from injury.
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From a legal standpoint, a landowner or occupier of land is subject to liability for physical harm caused to their invitees by a condition on the land if: a) they know or should have known by the exercise of reasonable care that there was a defective condition on the premises, and the defect involves an unreasonable risk of harm to others; b) the landowner or occupier of land should expect that others would not discover or realize the danger of the defective condition, or will fail to protect themselves against it; and c) the landowner or occupier of land fails to exercise reasonable care to protect against the danger. However, under the "open and obvious" doctrine, a landowner or occupier is not liable to invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite the invitee having knowledge. Some examples include when the invitee may be distracted by goods on display, a lapse of time occurred where the invitee forgot the existence of the condition even though it was discovered or warned against, or when the condition is one which the invitee would not be looking for because the invitee is carrying items.
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If someone trespasses, the general rule is that a landowner or occupier of land is under no duty to keep the premises in any particular state or condition to promote the safety of the trespasser. However, where the owner or person knows or should know that young children habitually frequent the vicinity of a defective structure or dangerous condition on the premises, which is likely to cause injury due to their immaturity, and the expense or inconvenience of remedying the condition is slight compared to the risk to children, a landowner or occupier of land may be liable. In those cases, there is a duty upon the landowner or occupier of land to exercise due care to remedy the condition or otherwise protect the children from injury.
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Even in the case of ice and snow, the landowner or occupier of land may be liable. If the ice was formed through a leaking gutter or an awning dripping onto the sidewalk, which was installed by another person, there may be compensation for your injuries.
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Our goal is to seek the compensation you deserve by recovering your medical bills, long-term care costs, lost wages, compensation for disfigurement, pain and suffering, loss of a normal life, and other related expenses. In wrongful death cases, we can seek funeral expenses and compensation for emotional trauma to survivors.
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Here at Rafidi Law, Fuad Rafidi is an experienced attorney who can help you from start to finish. After an incident on the premises, ask yourself, "What happens next?" The landowner or occupier of land may be liable and may be obligated to pay for your damages. Whether that involves filing your claim with the insurance company and guiding you through treatment or filing a lawsuit, Rafidi Law is the only attorney for you.
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WHAT SHOULD I DO IF I WAS INVOLVED IN AN ACCIDENT?
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Call 911 and seek the medical attention you need, or have someone take you to the nearest hospital that can provide the proper care you require.
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Make sure to file a report with the appropriate authorities.
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Get the names, phone numbers, and other contact information of any witnesses.
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Take pictures and/or videos of the animal or dog and your injuries.
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Then contact Rafidi Law, which has a competent attorney to guide you and advise you on the next steps to proceed with your claim.
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If you were involved in a premise liability accident, please click on the link below and fill out the Intake Form, and someone will immediately get back to you for your free consultation today!
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Contact
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708-465-1399