Minnesota Premises Liability Lawyer

Why Minnesota Residents Trust Mottaz & Sisk Injury Law

With our dedicated trial lawyers boasting decades of combined experience in handling premises liability claims throughout Minnesota, you can trust Mottaz & Sisk Injury Law to understand the complexities of property law and build compelling cases that secure fair compensation for our clients.

We’ve successfully represented numerous injury victims against negligent property owners and their insurance companies.

Affordable Legal Representation

At Mottaz & Sisk Injury Law, we believe everyone deserves access to quality legal representation. We handle premises liability cases on a contingency fee basis. This arrangement means you pay no upfront or out-of-pocket attorney’s fees. Our fee is a percentage of the financial compensation we recover for you. If we do not recover money for you, you owe us no attorney’s fee.

This no-risk financial arrangement is designed to provide you with peace of mind and ensure that you can focus on your recovery without worrying about legal costs.

Free Initial Consultations

We offer complimentary initial consultations to assess your case and discuss the most suitable course of legal action. During our meeting, we’ll review the details of your accident, evaluate the strength of your claim, identify potential weaknesses, and explain how we can assist you in pursuing compensation.

Determining Premises Liability

Identifying all potentially liable parties at fault is essential for maximizing your recovery in a premises liability case. Multiple parties may share responsibility for maintaining safe conditions on a property, and our attorneys conduct comprehensive investigations to identify everyone who may be held accountable for your injuries, such as:

• Property owners
• Property managers
• Tenants and lessees
• Maintenance companies
• Security companies
• Construction companies
• Product manufacturers
• Government entities

Multiple parties frequently share liability in premises liability cases, which can significantly increase the total compensation available. We pursue all viable claims to ensure you receive maximum recovery for your injuries. You shouldn’t have to absorb costs that aren’t your fault.

Act Promptly: Minnesota’s Statute of Limitations

Minnesota law sets a time limit, called a statute of limitations, for filing a personal injury lawsuit. For most premises liability claims, you have six years from the date of the injury to file a lawsuit under Minnesota Statutes § 541.05. If you miss this deadline, you will likely lose your right to pursue compensation in court.

There are exceptions that shorten this deadline, particularly for claims against government entities. Contacting an attorney promptly helps protect your legal rights.

How Much Is My Premises Liability Claim Worth in Minnesota?

Every premises liability case involves unique circumstances. The value of your claim depends on various factors specific to your situation, including the severity of your injuries and their immediate and long-term impact on your life. We collaborate with economists, medical professionals, and industry experts to carefully calculate the compensatory damages in your case to ensure you secure a settlement representing the full scope of your injuries.

Special Damages

The special damages in your claim encompass the financial losses you’ve suffered due to your accident. These economic damages have specific dollar amounts that are easily calculated and proven by their paper trail. We meticulously document all your monetary losses to maximize your recovery, including:

• Past and future medical expenses
• Lost income and benefits
• Diminished earning capacity
• Property damages
• Household services
• Transportation costs
• Home and vehicle modifications

Special damages establish the basis of your compensation package because they represent your actual out-of-pocket losses. You must provide copies of bills, invoices, estimates, and receipts documenting your financial losses. We can demonstrate lost earnings with pay stubs, tax returns, and an income loss statement from your employer.

General Damages

Your general damages compensate for non-economic losses that lack a specific dollar value but significantly impact your quality of life. We work with medical professionals, vocational rehab specialists, and life care planners, who assess the long-term impact of your injuries on your daily life and future needs, to value these critical damages properly:

• Pain and Suffering: Physical discomfort, emotional distress, and mental anguish caused by your injuries. We consider the severity of your pain, its duration, and how it impacted your daily activities.
• Loss of Enjoyment of Life: Your inability to participate in activities you previously enjoyed due to your injuries. We document how your injuries have impacted your lifestyle, preventing you from engaging in hobbies, sports, or social activities.
• Emotional Distress: Anxiety, depression, fear of falling, and other psychological effects of your accident and injuries. We work with mental health professionals to document the emotional impact of your traumatic experience.
• Loss of Consortium: Damages awarded to your spouse for the loss of companionship and intimacy caused by your injuries. We help families understand how these damages apply to their situation.

General damages often represent a significant portion of your total compensation, particularly in cases involving serious or catastrophic injuries. We present compelling evidence to help insurers, judges, and juries understand the full impact of your losses. We advise clients to keep a journal documenting their pain and suffering, as it can be valuable evidence when determining general damages.

Punitive Damages

Punitive damages are awarded in cases where the property owner’s conduct was particularly reckless or intentional. Minnesota law permits the award of punitive damages when the defendant’s actions demonstrate a deliberate disregard for the safety of others, serving both to punish the wrongdoer and deter similar conduct in the future.

Wrongful Death Benefits

When premises liability accidents result in the tragic loss of a loved one, surviving family members may be entitled to wrongful death compensation. We help families recover damages for funeral expenses, lost financial support, and the loss of companionship and guidance their loved one would have provided.

Understanding a Property Owner’s Duty of Care in Minnesota

Minnesota law defines a property owner’s legal responsibility based on the status of the visitor. This classification helps determine the extent of the owner’s duty to keep you safe.

• Invitees: You are an invitee if you enter a property for the owner’s financial benefit, such as a customer in a store, a guest in a hotel, or a client in an office. Owners owe invitees the highest duty of care. They must regularly inspect their property for hazards, repair any dangerous conditions, and warn visitors of dangers that they cannot immediately fix.
• Licensees: You are a licensee if you enter a property with the owner’s permission for your own purposes, such as a social guest at a friend’s home. The owner must warn you of any known dangers on the property that you are unlikely to discover yourself.
• Trespassers: A trespasser enters a property without permission. Owners generally do not owe a duty to keep adult trespassers safe from unknown hazards, but they must not intentionally harm them. The duty changes for child trespassers, especially regarding attractive nuisances like swimming pools.

Proving Negligence in Premises Liability Cases

Building a successful premises liability case requires proving that the property owner acted negligently. The process involves working with investigators, medical professionals, and other experts to gather evidence and establish liability. At Mottaz & Sisk Injury Law, our attorneys confidently establish the necessary elements of negligence to prove liability:

• Duty of Care: The property owner owed you a legal duty to maintain safe conditions. This includes regularly inspecting the premises and addressing any hazards in a timely manner.
• Breach of Duty: The property owner failed to meet their duty by allowing dangerous conditions to exist. Examples may include wet floors, poor lighting, or broken handrails that were not repaired or warned about.
• Causation: The property owner’s breach of duty directly caused your accident and injuries. In other words, your injury would not have occurred if the hazardous condition had been adequately addressed.
• Damages: You have suffered actual losses, including medical expenses, lost wages, and pain and suffering. These damages must be documented and directly linked to the accident for a successful premises liability claim.

You must prove each element of your case for it to succeed. Our legal team is well-versed in gathering the necessary evidence and presenting it effectively to insurance companies, juries, and judges, ensuring a thorough and comprehensive legal process. We will guide you through each step, ensuring you understand your role and are comfortable with the process.

Places Premises Liability Accidents Occur in Minnesota

Premises liability accidents can happen anywhere in Minnesota, from busy commercial properties to quiet residential neighborhoods. Property owners across the state have a legal obligation to maintain safe conditions for visitors in places including:

• Shopping malls and retail stores
• Restaurants and bars
• Hotels and motels
• Office buildings and workplaces
• Parking lots and garages
• Swimming pools and recreational facilities
• Apartment complexes and condominiums
• Private residences
• Construction sites
• Parks and recreational areas

Whether your accident occurred at a major retailer in Minneapolis or a small business in rural Minnesota, the same legal principles apply. Property owners must take reasonable steps to protect visitors from foreseeable hazards, such as slippery floors, poorly maintained walkways, or aggressive animals.

Types of Premises Liability Accidents

Property-related accidents take many forms, each presenting unique challenges and legal considerations. Understanding the specific type of accident you’ve experienced helps us develop the most effective legal strategy to address your situation. Our Minnesota premises liability attorney team has extensive experience handling all types of premises liability cases throughout Minnesota, including:

• Slip and fall accidents
• Trip and fall incidents
• Falling objects
• Ceiling collapses
• Dog bites and animal attacks
• Swimming pool accidents
• Elevator and escalator malfunctions
• Inadequate lighting incidents
• Fire and burn injuries
• Toxic exposure cases
• Security-related assaults
• Construction site accidents

Each type of accident requires a different approach to proving liability and securing compensation. We investigate the specific circumstances of your case to identify all responsible parties and build the strongest possible claim. Our goal is to hold negligent property owners accountable for their failure to maintain safe conditions, while ensuring that you don’t absorb costs that aren’t yours to bear.

Common Injuries in Minnesota Premises Liability Incidents

Premises liability accidents can result in injuries ranging from minor lacerations and bruises to life-threatening conditions requiring extensive medical treatment. We’ve represented clients who have suffered various types of injuries, and we understand the physical, emotional, and financial toll these accidents can take. Common injuries our legal team addresses are as follows:

• Broken bones and fractures
• Traumatic brain injuries (TBI)
• Spinal cord injuries (SCI)
• Burn injuries
• Cuts and lacerations
• Sprains and strains
• Back and neck injuries
• Internal organ damage
• Psychological trauma (anxiety, depression, PTSD)
• Wrongful death

The severity of your injuries directly impacts the total value of your claim and the compensation you’ll be awarded. Our Minnesota premises liability attorneys work alongside your treating physicians and healthcare professionals in our network to fully document your injuries and their long-term effects on your life.

Our Minnesota Premises Liability Lawyer Team Demands Maximum Recovery

Insurance companies representing negligent property owners often try to minimize payouts by using various tactics to reduce or deny valid claims. Having legal representation creates a barrier between you and insurers, as we take over all communications after retaining our services. We’ve seen these strategies countless times, and we know how to counter them effectively:

• Questioning the Severity of Injuries: Insurance adjusters may claim your injuries aren’t as serious as you report or suggest you’re exaggerating your symptoms. We work with medical professionals to provide comprehensive documentation of your injuries and their impact on your life.
• Disputing Medical Treatment: Insurance companies may question the necessity of your medical treatment or argue that your injuries are pre-existing. We work closely with your healthcare providers to establish a clear connection between your accident and your injuries.
• Blaming the Victim: Insurers often try to shift blame to the injured party by claiming they were careless or should have seen the hazard. We gather evidence to show that the property owner created or failed to address the dangerous condition that caused your accident.
• Delaying the Claims Process: Insurance companies may drag out investigations and negotiations, hoping you’ll accept a low settlement out of desperation. We maintain pressure on insurers to process your claim promptly while building a strong case for trial if necessary.
• Offering Quick, Low-Ball Settlements: Early settlement offers are typically far below the true value of your claim, presented before you fully understand the extent of your injuries. We carefully evaluate all settlement offers to ensure they adequately compensate you for your losses.
• Requesting Excessive Documentation: Insurers may demand unnecessary medical records or other documentation to slow down your claim. We handle all communication with insurers to protect your privacy and keep your case moving forward.
• Using Recorded Statements Against You: Insurance adjusters may try to get you to say something that hurts your case during recorded phone calls. We advise our clients on how to handle communications with insurance companies and generally manage these interactions on their behalf.

We fight aggressively against these and other tactics to ensure you receive the full compensation of your claim. Our experience in dealing with insurance companies equips us with the knowledge and skills necessary to protect and advocate for your interests throughout the claims process.