Claiming For An Accident On A Private Property In Boston?

By Author: Emilia Rakel
Total Articles: 42

If you do become injured on private property and you say it wasn’t your fault it is up to you to provide a reason for your presence in being there for a court to decide whether or not you were negligent.

Although some accidents are not the fault of the person injured, in some cases a court will see that they have contributed to their injuries, and look at their claim based on this. You should report your accident as soon as possible to your solicitors. Boston in Lincolnshire has seen many cases of this type failing because of the time factor.

If your accident was on private property, for example, a house or land privately owned by an individual, you may be entitled to make a compensation claim, providing the accident was the fault of the land owner or occupier and they had suitable insurance in force or the personal financial means to satisfy any successful claim. In Lincolnshire, most of the solicitors in Boston now specialise in this tricky area of compensation claims.
Visitors to private premises are also entitled to claim compensation if they are injured as a result of the owner’s negligence. All owners of property or land are obliged to take all reasonable steps to keep all visitors reasonably safe from the risk of injury.

Typical accidents on private property usually involve a slip, trip or fall accidents and although many people may only suffer minor injuries some do result in serious injuries, which could result in long term pain, permanent disabilities and time off work. Other types of accidents can occur on private property and land. The occupier has a legal responsibility to ensure that the property or premises are safe for visitors. An accident on private property could occur in a number of places, be it in someone’s private or council owned home, or another privately owned building or area. As any of the Boston solicitors will testify, with any personal injury matter, it is necessary to establish that the occupier’s negligence caused the injury. Additionally, with this type of accident it is important to find out whether or not the property is covered by an insurance policy. This is because almost all injury claims for damages are made against the liability insurance of the responsible party.

An occupier of private property must take reasonable care to prevent foreseeable risks of injury to those who may enter the land or premises. The standard of legal responsibility is what a reasonable owner or occupier would have done in the circumstances to prevent injury.

The person controlling or owning the property where you suffer a slip and/or trip and fall must either know about the dangerous condition, or should have known about the dangerous condition through reasonable inspections, before you can legally recover against them in these types of cases. Failure to ensure a visitor's safety on private property can mean that a trip, slip or fall compensation claim is made against the owner or occupier.

It is possible to claim against an uninsured individual directly in some cases; however this is very difficult as they may not be able to satisfy the judgment made against them.

As you would expect in Boston, solicitors recommend you record your accident with both photographs and a written report to give your claim every chance of being successful.
Resource: http://www.jspsolicitors.co.uk/accidents-on-private-land.html