A duty of care refers to one person’s responsibility to provide another with a reasonable level of care. For instance, a property owner is expected to take care of their space. If this individual does not take their duty of care seriously, anyone who visits the property can get hurt, and the property owner can get sued as part of a premises liability lawsuit.
At BDIW Law, we can teach you everything that you need to know about duty of care in premises liability cases. If you get injured on someone else’s property, please reach out to us. Our Oklahoma premises liability lawyer can examine your claim and help you figure out if a property owner’s negligence led to your injury.
Someone with a Duty of Care Has a Legal Obligation to Another Person
If someone has a duty of care to you, they are legally required to provide you with a designated level of care. This duty is breached when a person does not deliver care that matches the level required. In this instance, you can get hurt due to the negligence of the person who breached their duty to you.
Duty of care applies across many areas. For example, an employer is legally obligated to provide workers with a safe environment. If a work environment is filled with hazards that the employer does not address, the employer can face workers’ compensation lawsuits or other personal injury claims from any workers who get hurt on the job.
In a premises liability case, you can claim that a property owner violated their responsibility to you. To do so, it pays to have an experienced Oklahoma premises liability attorney at your side. Your lawyer will help show that a property owner was negligent, which resulted in your injury.
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You Need to Figure Out Who Violated Their Duty of Care to You
Oftentimes, a property owner can be held responsible if you are injured on their land. There can be instances when someone leasing or renting a property or an individual who is lawfully occupying a property can be liable for a breach of a duty of care. To find out who is the at-fault party for your injury, you need to review all of the facts surrounding it.
Every premises liability case is different. Regardless, when you get help from a premises liability lawyer, you can go over all aspects of your case. Your attorney can help you identify any at-fault parties and pursue damages from them.
Keep in mind that you only have a limited amount of time to ask for compensation from anyone who breaches their responsibility to you in Oklahoma. There is a two-year window that opens on the date you suffer an injury on someone else’s property to sue them, according to Oklahoma Statute §12-95. If you choose not to file a personal injury lawsuit during this period, you cannot ask for compensation at a later time.
It Is in Your Best Interests to Report a Breach of a Duty of Care
If you are injured on someone else’s property, do not wait to get help. You can call 911, and medical personnel and police officers can arrive on the scene. Medical professionals can bring you to an emergency room as needed, and police officers can collect the information they need to file a report.
In addition, gather as much information as you can about your injury. Your medical records will show the severity of your injury and what will be required to treat it. These records can be used as evidence to support your request for compensation.
The team at BDIW Law can help you with your premises liability case as well. For more information, please get in touch with us. Then, our premises liability attorney in Oklahoma can make sure that your premises liability case is filed promptly.
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You Need to Prove that Someone Violated Their Duty of Care to You
To get compensation in a case in which you are claiming someone violated their duty of care to you, you must show that this individual had a responsibility to you in the first place. On top of that, you must prove that the defendant violated this duty, which led to your injury. You must also verify that the breach of duty and injury you suffered resulted in damages.
A lawyer with many years of experience in premises liability cases should have no trouble preparing an argument for you. This lawyer can answer frequently asked questions about what it takes to prove fault and other legal topics. They can take a look at your case and build your argument accordingly.
In the time leading up to your premises liability case trial, your lawyer will remain in constant contact with you. They will work diligently to develop your argument and make sure that you are prepared for your trial. Your attorney will keep you up to date if the defendant in your case proposes a settlement, too.
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The Defendant in Your Case May Want to Settle — and for Good Reason
When you have a strong argument, the defendant in your case may be inclined to settle. Doing so may allow the defendant to pay only a portion of the damages that you originally requested. Also, if you accept a settlement offer, you and the defendant can close your case faster than you would if you go to trial.
Of course, just because you can settle your premises liability claim outside the courtroom does not mean it is in your best interests to do so. If you are unsure about what to do with a settlement offer, it pays to consult with an attorney. Next, you and your attorney can go over a settlement proposal in detail.
Your lawyer will not push you to accept or reject a settlement proposal. Instead, they will help you review the proposal from all angles. If you ultimately decide against accepting a settlement, you can continue to pursue your litigation to the fullest extent.
Hire a Lawyer to Help You Show that Your Duty of Care Was Violated
BDIW Law is here to help you win or settle your premises liability case. To learn more or request a free case consultation, please contact us today.
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