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Injuries on Property: Public vs Private
One of the first challenges when attempting to collect damages for a premises liability injury is determining who owns or is in charge of the property on which the injury occurred. Public locations are relatively easy to discern who to contact regarding the injury, but a personal injury on private property that happens when the owner or manger is not around can require more intensive research from a Lebanon injury lawyer.
There are a few differences in how the claims are handled in each type, as in many situations the government agency controlling a public property has a standard reporting process. For private property claims, it is not that simple. The responsible party must be identified and contacted before any action can begin, which can be accomplished when a Lebanon personal injury lawyer like the legal professionals at Henry & Beaver, LLP conduct an investigation into the accident.
Public Property Claims
Public property claims vary in the required time period to file. While two years is typical for a private property personal injury claim, many times local governments will only accept injury claims within a much shorter window, anywhere from 30 days to 6 months. Knowing exactly who to submit the claim to can be confusing as well, and having an experienced Lebanon personal injury lawyer means this can be done according to established procedure. Liability is normally assessed to the government agency responsible for property maintenance, but claimants can be assessed for assumption of personal risk. Many governmental locations are open to the public, so legal presence on the property is normally not an issue with a public property personal injury.
Private Property Claims
Personal injury on private property claims are somewhat different, as it is the responsibility of the injured party to prove the property owner or manager was responsible for the accident causing the injury. In addition, the plaintiff normally must have authorization to occupy the property at the time of the accident which resulted In the injury. Trespassers can have their case dismissed when this cannot be proven, except in certain situations. Private businesses that open their doors to the public cannot claim this defense unless there is evidence the plaintiff was restricted from the business.
Contact Henry & Beaver, LLP Lebanon Injury Lawyer
Contact us today at (717) 274-3644 to schedule a free consultation.