If I Slip, Trip or Fall At Work, Can I Sue The Owner of the Property?
There are several guides discussing the concept of premises liability. The law in this area sounds straightforward, but can be enormously complex in its application. The owner or manager of real property has a duty to protect visitors to that property from dangerous or defective conditions of which they know, or should know. As Attorney Eric T. Kirk will tell you.
If the injured person is at work when hurt, they may have a claim for both workers’ compensation and one against the negligent landowner.
Now, the deciding factor is ownership or control of the premises. If an on-duty worker is injured on premises not owned by his employer, due to a dangerous condition on the premises, clearly that worker is going to get worker’s compensation benefits.
That injured person also has a negligence-based personal injury claim against the individual or entity that owns or is responsible for the management of the property. The benefit of pursuing an additional personal injury claim against the owner of the premises can be found in the type of recovery available to the injury victim. Whereas a recovery under worker’s compensation does not include an award for suffering or physical or mental distress, a personal injury settlement or verdict most certainly would.
I have been evaluating cases for more than 25 years. I’ve handled thousands of cases in that time. I invite all potential clients to participate in a no-cost legal analysis and strategy conference. Contact me today to arrange a time to meet. 410-591-2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
