Can You Sue After a Vacation or Rental Property Injury?
Property owners and rental companies have a duty to maintain safe premises for visitors. While the pictures may have given the appearance that the rental or vacation resort was well-maintained, reality may offer a rude awakening. If you have been injured while at a resort or while staying at a rental property, you may be eligible for compensation. However, it is important to seek medical treatment immediately, not wait until you go home. To discuss the validity of your vacation or rental property claim, contact our experienced Charleston premises liability attorneys today.
Causes of Vacation or Rental Property Injuries
- Poorly lit stairwells or hallways
- Missing or cracked steps (indoor or outdoor steps)
- Leaking pipes (leading to a risk of a slip-and-fall)
- Older homes containing lead paint or asbestos (a hazard for younger children)
- Toxic mold
- Defective electrical wiring
- Slippery pool decks or floors
What Duties Do Rental Property Owners and Rental Companies Owe Guests?
Under premises liability law, guests are known as invitees. An invitee is someone who is on the property as part of a business transaction. As such, rental property owners and rental companies owe guests the highest duty of care under the law. Property owners and rental companies should routinely inspect the property for hazards and repair anything that needs it. If there are any dangerous conditions, the rental company has a duty to warn guests of potential hazards.
Elements of a Vacation or Rental Property Injury Claim
If unsafe premises caused you harm, a successful claim will consist of establishing the following:
- The property owner was aware of or should have been aware of the hazard through routine inspections.
- The property owner failed to fix the defect, resulting in you suffering harm.
- As a result of the accident, you sustained measurable losses, known as damages. Damages may include lost wages, medical bills, and pain and suffering. If you can show that the rental property owner had a complete disregard for your safety, then you may be entitled to punitive damages. A successful premises liability claim requires that you sustain damages.
Evidence & Time Limit in a Premises Liability Claim
Although the owner’s negligence may be readily apparent, you will need to provide evidence establishing their liability. Concerning a rental property injury, evidence would include photographs of the hazard, eyewitness reports, incident reports, and other supporting information. This evidence will be beneficial as our Charleston premises liability lawyers and expert witnesses piece together what happened.
Also, we cannot understate how important it is that you seek medical care immediately to preserve your claim. While you may feel more comfortable going to a doctor you are familiar with, this will weaken your claim. Seeking medical attention immediately will show the severity of your injuries and provide the documentation you need. However, you only have three years following the incident to take legal action (and less time if filing an insurance claim), so always act quickly.
Speak with Our Charleston Premises Liability Attorneys Today
Vacation should be a time to unwind, not deal with legal complications. If you have been injured on a vacation or rental property, you need to speak with our Charleston premises liability lawyers. Understanding your legal options will allow you to secure the compensation you deserve. To arrange your free consultation, contact John Price Law today online or by calling (843) 552-6011.