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Personal Injury

can arise from road accidents, industrial accidents, injuries arising from medical negligence or other injury claims.

Occupier of Premises Liability

When you visit a business or public place, you expect to be in a safe environment. However, sometimes negligence on the part of a business owner or the occupier of the property can lead to an accident that leaves you or a loved one injured. When this happens at a premise, a lawyer should be consulted.

This type of personal injury is called occupiers liability, and it involves any injuries that occur in a public place or publicly accessible place, such as a park, mall, library, hotel or store. An injury can lead to medical bills, lost wages, and other financial hardships that you deserve to be compensated for. We can help you seek compensation for the damages you have incurred because of this incident.

To prevail on a premises liability claim, you must demonstrate that the occupier of the property shared significant responsibility for the dangerous situation or that they failed to conduct a reasonable inspection that would have alerted them to the danger. We will investigate the facts surrounding your injury to determine whether you have a valid claim for trips, slips and falls that occur because of:

  1. Slippery liquid spilled on supermarket floor
  2. Shelves overstocked with heavy items at top
  3. Blocked aisles in a retail space
  4. A dark parking lot
  5. Ice on stairs or a walkway
  6. Uneven pavement on sidewalks
  7. An unsupervised swimming pool or children's playground
  8. A vicious dog or exotic pet
  9. Inadequate security in a hotel, shopping mall or other business
  10. An unmarked construction site

We consider evidence that indicates how long a hazard existed to prove the occupier breached its duty of reasonable inspection. For example, a broken jar of cream that is brownish in color, curdled, smeared across the floor and has footprints tracking through it probably created a risk of injury for longer than acceptable under the rules of premises liability.

A “slip and fall” is the generic term for an injury which occurs when someone slips, trips or falls resulting from dangerous or hazardous conditions on someone else's property. We have represented clients in the premises liability cases for slip and fall cases against numerous entities, including:

  1. Supermarkets and convenience stores
  2. Department stores and shopping centers
  3. Office buildings
  4. Restaurants
  5. Schools

In resolving a slip and fall case, critical evidence that has been obtained early is usually the easiest to settle out of court. However, if a trial becomes necessary, this evidence becomes the crucial factor in proving liability and damages. To maximize your potential for recovery:

  1. Immediately report your accident to the property owner or the occupier of the property security. Be sure to get a copy of the accident report.
  2. Try to get the name and phone number of any people who may have witnessed your fall.
  3. Place the shoes which you were wearing at the time of the accident in a plastic bag and tape it shut so that any material stuck to the shoes will remain.
  4. Store all of the articles of clothing you were wearing at the time of the accident in a plastic bag. Do not wash them before storage.
  5. If you have a camera at the time of the accident, have someone take pictures of the accident scene, your clothing and shoes, and any warnings signs that might be in the area surrounding the accident scene.
  6. If you have suffered any visible damage to your body (i.e., cuts, scrapes and bruises) have someone take photographs or permit our investigator to take them.
  7. If possible, place in a plastic bag the item that caused you to fall.
  8. Go to the hospital emergency room immediately if you are in any pain whatsoever. Do not be afraid to tell the doctor about every area of your body in which you are experiencing pain.
  9. DO NOT discuss or make any statements about your case with any employees or insurance representatives of the property owner, without first speaking with us at Cosmas LLC.
  10. DO NOT accept any forms of payment or sign any releases without speaking to your us. Doing so could waive your right to recovery.

If liability can be clearly proven, it is probable that a settlement can be obtained easier and in a speedier fashion.