An accident can happen anywhere you go. Unfortunately, it is common for people to be hurt in ordinary public places, and often, people get hurt when they least expect it.
A Mankato premises liability lawyer could help you make a compensation claim when you have been injured on someone else’s property. At Maschka, Riedy, Ries & Frentz Law Firm, our well-versed personal injury attorneys are familiar with the nuances surrounding premises cases and can tirelessly support you after an accident.
When a person walks into a store or restaurant or visits the home of a friend or acquaintance, the host assumes a certain responsibility for their safety.
Premises liability is based on this responsibility and a property owner may be liable if something happens to an entrant on their property. The duty of care a property owner owes to someone on their land may vary based on the guest and their reason for being present. However, all Minnesota property owners have a general duty to use reasonable care to prevent foreseeable risks to others. That duty may include inspecting and repairing the property for unknown hazards and warning against known dangers.
As an attorney could explain in more detail, determining what duty of care a property owner owed an injured person after a Mankato accident can influence how they make their premises liability case.
Like a general negligence claim, premises liability depends on proving four elements: duty of care, breach of duty, causation, and damages.
For negligence actions, a duty of care is based on what a reasonable person would do in the same situation. However, a property owner’s duty can be more specific and can shift depending on whether they are business owners or private property owners. Knowing where to start in proving a claim and evaluating the duty of care requires legal expertise.
Beyond the substance of an injured person’s claim, they must also file a claim soon enough to keep their right to compensation. Fortunately, Minnesota’s statute of limitations for premises liability lawsuits is two to six years (depending on the circumstances of the accident) under Minnesota Statutes §§ 541.05-07. However, an injured person should still seek legal advice as soon as possible after an accident, as crucial evidence can be lost the longer they wait.
A person injured on another person’s property may also need to consider defenses to their claim, such as if the injured person assumed the risk of a known hazard or if the hazard causing their injury was open and obvious. These defenses may shift responsibility back to the injured person, which could let a property owner off the hook for any injuries. A Mankato attorney is equipped to help an injured person bring and develop a premises liability claim. An experienced lawyer could guide a person in determining liability and refuting any claims of shared fault.
Sustaining an injury comes with its trials and tribulations, but bringing a claim for compensation does not have to be a trial or tribulation. With the aid of a Mankato premises liability lawyer, you can bring a claim after getting hurt on someone else’s property.
Our knowledgeable attorneys could work with you and support you throughout the process, from documenting your injuries to gathering evidence at the scene. Call our offices for a consultation about your case.
