If you were injured on property belonging to a company or organization, the strength of your case may depend on the foreseeability of an injury.
What Does Foreseeability Mean In a Premises Liability Lawsuit?
Foreseeability refers to the risk of injury that a reasonable person should have anticipated from his or her actions. For example, if you are cutting vegetables on a cutting board, the danger of you cutting your own fingers is a foreseeable risk.
A property owner who knew or should have known about a dangerous condition on his property may be found liable if that condition causes an injury. The property owner’s knowledge of the dangerous condition makes the injury reasonably foreseeable.
As an example, suppose a hotel owner knew that there was an excessive amount of snow on the hotel’s roof. If a reasonable hotel owner would have known that the excessive weight increased the likelihood of collapse and still failed to clear the roof, any injuries resulting from that collapse would be considered foreseeable.
How is Foreseeable Risk Determined?
An attorney will have an expert investigator gather evidence as to whether a dangerous condition existed on the property. Then, the investigator will assess whether or not the owner (or other responsible party) knew or should have known about the dangerous condition. Assuming that the the owner (or responsible party) knew or should have known about the condition, the investigator will assess whether the resulting injuries should have been foreseen.
As an example, if you were electrocuted at a resort, your attorney would investigate whether or not the resort owner failed to properly maintain the electrical wires. Assuming the wires were not properly maintained, the attorney would attempt to compile evidence showing that the owner knew or should have known about the poor condition of the wires and that your injury would have been foreseeable by a reasonable owner.
How a Personal Injury Investigator Will Help Your Case.
A property owner defendant will always try to avoid or minimize any liability. The owner might claim that the condition was not dangerous or that your injury was not foreseeable. The owner might also claim that you were aware of the condition and that you assumed the risk of injury by failing to take precautions. In addition, the owner or an employee may claim to know nothing about the dangerous condition or the injury itself. In some rare cases, a defendant may willfully (or inadvertently) destroy evidence pertaining to the case. Fortunately, a reliable investigator will gather evidence to prove knowledge of the condition and foreseeability of the risk of injury.
How will Foreseeable Risk Affect my Case?
An experienced premises liability attorney and his investigator will compile evidence to prove that the injury you sustained on someone’s property was reasonably foreseeable. This is only one element of a personal injury case, but it is necessary to ensure that you receive compensation for your injuries.
If you have been injured on someone else’s property, consult an experienced premises liability attorney. Consultations with personal injury attorneys are always free and will help you determine if the injury was foreseeable and your potential compensation.
About Zac Pingle
