Premises Liability Cases in Vermont
I AM A VERMONT LAWYER COMMITTED TO HELPING VICTIMS OF SLIP AND FALL ACCIDENTS
If you have been hurt on someone else’s property because of its owner’s failure to maintain it safely, you may have a legal claim based on premises liability. I am David Polow, a slip and fall attorney who has represented residents of Vermont and other States who were injured in Vermont since 1981. I can assert your right to the proper compensation for your injuries from those responsible. I will help you sort through your options to craft a strategy tailored to the details of your situation.
HOLD NEGLIGENT PROPERTY OWNERS ACCOUNTABLE
To hold a person or entity liable for damages associated with your injuries, you must be able to show that the property owner knew or should have known about the dangerous condition that caused your harm. For example, a store that fails to clean up a spill in a timely manner, or a landlord that fails to fix a broken step or railing, may be found responsible if someone trips and falls as a result. In addition to their responsibility to fix a dangerous condition, property owners must also warn of any hazards on their premises so that people there can avoid them.
Property owners owe different degrees of precautions to those entering their premises, based on the purpose of the visit. People entering an establishment, like a store or restaurant, for a commercial reason are owed the highest level of care. These individuals are known as invitees. Owners opening their property to invitees must inspect the premises regularly to check for dangerous conditions. Licensees, or those entering for a social reason, such as friends and dinner guests, are owed a lesser degree of care. Owners entertaining licensees must maintain their property in a reasonably safe way, repair hazards, and warn of any known dangers.
If you have been hurt on someone else’s property, it is important to find out what insurance options you have and the type of policy the owner holds. Additionally, some insurers may pressure a victim to settle before all of his or her injuries and damages are known. For this reason and others, it is advisable to seek out legal advice as soon as possible. In a premises liability case, it is also helpful that photographs be taken of the scene at the time of the accident or soon thereafter to determine how and where the slip and fall occurred.
WHAT YOU NEED TO FOCUS ON
Your first priority, after you regain your bearings, is to notify the property owner that you have been hurt.
As soon as possible, you should also take as many photographs as possible of the unsafe conditions that caused the accident.
You should get the medical attention you require promptly and comply 100 percent with all treatment advised. Waiting too long to get medical care or failing to comply with treatment can harm your case later on.
You should resume your pre-injury activities as your medical condition improves and as your doctor allows.
STATUTES OF LIMITATIONS AND DAMAGES
Premises liability claims must typically be filed within three years from the date the injured person was hurt. However, the time limits are different for making a claim against the property owner’s insurance company and can be much shorter than three years.
Attorney fees in premise injury claims are contingent. That means you do not owe a fee unless you receive a recovery. You will not pay anything in advance as my fee will come out of the settlement proceeds. If there is no settlement you do not owe me a penny.
Typically, my fee is one third of the total amount recovered.
In nearly all cases, I will incur out-of-pocket costs. These are not attorney fees, but are fees for such things as medical record duplicating charges, attorney/doctor conferences, treating doctor medical reports, safety expert fees, expert witness fees, court filing fees, mediation fees, and arbitration and trial fees. The costs are also paid out of the settlement proceeds.
Please call me today for a free consultation about your slip and fall or trip and fall case. My number is 802-888-7707.