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There are two major challenges that we run into when handling premises liability cases. The first one is that there is a lot of protection given to the property owner in the sense that they are given some statutory protections, for example, the 24-hour rule to improve any condition that’s been created by weather. The second one is that the party who was injured has to show that they were exhibiting or exercising due care prior to their injury taking place. And that means, for example, if an individual is walking down the street, they have to be paying attention to what’s in front of them. If you were to fall into a hole but you were looking away at the time, the argument could be made that you’re partially responsible for that fall. The second one is, is that the coverage that’s provided or the sources that exist to pay for medical expenses might be more limited. If the individual who is hurt does not have health insurance of their own, there may not be a source that is directly available to pay medical expenses as they arise. And the only thing that may be available is the claim directly against the property owner themselves, which means that oftentimes medical expenses can collect until the very, very end of the claim, and then they would get paid out of the settlement or the award against the premises owner.
St. Paul personal injury attorney Marcus Gatto talks about the biggest challenge in handling premises liability cases.