If you have had an accident on someone else’s property, you might want to hire a lawyer for premises liability in South Dakota. An attorney can help you with your personal injury claims and offer legal advice regarding possible compensation for the accident. For more information and advice on choosing the best premises liability lawyer in South Dakota for you, keep reading!
What Is a Premises Liability Lawyer?
When property owners, landowners, or property managers fail to keep their properties safe and secure, accidents can happen. Premises liability lawyers are legal professionals that represent the victims in these situations. They have a thorough understanding of premises liability law and look into their clients’ claims to ensure that the victim has the best chance to receive the compensation they deserve from the negligent party. These cases fall under the umbrella of personal injury claims.
What Does a Premises Liability Attorney Do?
When someone has been injured or killed due to negligent property care, a South Dakota premises liability attorney will look into the claim for the victim. The attorney will work to prove that the property owner was responsible for the incident and had failed to carry out the legal responsibility of maintaining a safe and secure environment. As per federal laws, it must be proven that:
The property has some type of hazard that resulted in injury.
The owner was aware of the hazard yet did not appropriately remove the risk.
The property owner owes the visitor a duty of care, such that the victim was not trespassing. (This law varies between states.)
Once proven, the victim will usually seek compensation from the property owner. In most cases, this is accomplished through a personal injury lawsuit. A South Dakota premises liability lawyer will represent his or her client in the lawsuit, design a strategy to seek compensation, and provide applicable legal advice throughout the process.
When to Hire a Premises Liability Lawyer in South Dakota
Anyone who has experienced an injury due to a hazard on someone else’s property should consider hiring a South Dakota premises liability lawyer. Almost any hazard can be grounds for a premises liability lawsuit, so long as the owner has not put substantial measures in place to rectify the problem. For better understanding, here are some of the most common types of premises liability cases:
Slip, trip, and fall hazards
Snow and ice hazards
Dysfunctional escalators or elevators
Collapsed porches, patios, and staircases
Injuries and bites from dogs
Defective rides at theme parks
Negligent property security
Remember, this is not an exhaustive list. If you have had any accident on someone’s property that is due to inadequate property care, it is worthwhile to speak with a South Dakota premises liability lawyer to learn more about your legal rights.
How Do I Choose a Premises Liability Attorney in South Dakota?
An injury can cost the victim a substantial amount of time, money, and trauma. Therefore, it is important to choose the best premises liability lawyer in South Dakota for the greatest chances of winning the liability claim. Below are some factor to consider when speaking with different law firms:
Check that the attorneys have plenty of experience in liability claims.
Ask whether the firm has worked on cases similar to yours in the past.
Opt for lawyers who come recommended by friends or family or by positive reviews online.
Discuss prices and go with a legal team that fits your budget.
Consider their standard forms of communication and whether they work for you.
Think about their personal approach and whether they showed empathy for your situation.
How Much Does the Average Premises Liability Lawyer Cost in South Dakota?
In the United States, most South Dakota premises liability attorneys work on a contingency fee basis. This means that you don’t pay any fees up front and only have to pay if your case wins. The amount you pay your attorney will be a percentage of your final settlement and will be taken from that amount before you receive the settlement proceeds. The percentage rate will vary between law firms. Some will charge as little as 10%, whereas others can take 50% or greater.
Do Premises Liability Attorneys Usually Charge for Consultations?
No, a lawyer for premises liability in South Dakota should not charge for a consultation. As personal injury attorneys work on a contingency fee basis, you shouldn’t have to pay any legal fees up front. However, there are a few other costs to consider on top of the legal fees, including filing fees, compensation for expert witnesses, and deposition costs. A good lawyer for premises liability in South Dakota will be able to discuss these with you at your initial meeting.
Frequently Asked Questions
What type of law is premises liability?
Premises liability falls under personal injury law. This area of the law looks at dangerous and hazardous conditions on public and private property and works to remove the dangers while providing relief and compensation for the victims.
What is the difference between premises liability and personal liability?
Both premises liability and personal liability are a part of personal injury law. The former refers to accidents that result from unsafe conditions on someone’s property. Comparatively, the latter refers to injuries that occur through someone’s actions.
What is the most common type of premises liability claim?
The most common cases that South Dakota premises liability attorneys see fall into the category of slips, trips, and falls. There could be grounds for a premises liability case if the accident results from inadequate signage, obstacles on the grounds, spilled substances, or other unsafe conditions.