Frequently Asked Questions (FAQ) – Premises Liability Lawsuits

Premises liability lawsuits can involve more than one defendant, and the suit of each party may have a different liability. Below are some of the most frequently asked questions about premises liability lawsuits.

How does the attorney figure out who is responsible?

Your premises liability attorney looks at the whole situation and sees how each piece of the puzzle fits together. It may seem like only one person or company is responsible, but there are usually layers of responsibility that can be uncovered with a little digging.

What is the difference between negligence and fault?

For premises liability lawsuits, fault is less important than negligence. If you slip and fall on an icy sidewalk, the place of business is negligent if they did not properly clear the walk, but the business owner did not actually push you down. The business owner may still be responsible for your injury, if you can prove he was negligent.

What is the difference between proximate cause and intervening cause?

A defendant’s level of liability is directly determined by how much he or she actually had to do with the injury. Proximate cause means some action by the defendant directly contributed to your injury.

Intervening cause means the defendant’s actions played a part, or set off events which lead to the injury. Just because a party is determined to have only an intervening level of involvement does not mean he or she will automatically be dismissed from responsibility.

What laws affect a defendant’s level of liability?

There is no quick answer to this question. Each state’s laws differ, so your attorney must understand the laws of the state where the suit is brought and the laws of the state where the accident happened. Where the accident occurred, when it happened, and who was involved all play a part in determining liability.

Always consult with an experienced premises liability or negligent security lawyer who is familiar with the type of lawsuit you would like to bring. An attorney will help you navigate the confusing legal process to get you the compensation you deserve.