Premises Liability Lawyer
With the uptick in overall personal injury cases, there is a need for increased awareness on the legislation on premises liability.
If you have suffered injury due to premises liability you need to understand how to go about seeking redress. Your pain and suffering are costly, and it is only equitable that you get compensated for it.
Here is a primer on all you need to know about this type of liability to help you seek the justice you deserve.
Types of Cases Found in Premises Liability
It is a set of laws used to determine who is responsible (if at all there is a party to be held liable) for the condition of premises when it causes an injury.
To better understand these set of laws, it is vital to define the term premises.
A premises is a building or piece of land that belongs to either an individual or an organization. The owner of the building or land in question is legally responsible, within reason, for any injury that might occur on it.
If an accident does occur on the property, it might be because the owner was negligent. Negligence is when there is a failure by the owner to take reasonable care of the property.
Majority of personal injury cases revolve around some negligence that occurred. When it comes to premises liability cases the situation is no different.
To win such a case, therefore, means that you have to prove that the owner did not take reasonable care in either the property’s ownership or maintenance.
There are many types of personal injury cases that fall under this category which include:
Slip and Fall
Insufficient Building Security
As a result, large apartment buildings and offices now have security guards and doormen on the first floor. Small apartment buildings and offices demand that tenants lock the front and back doors.
If an assault or murder occurs inside the property, the owner might be liable for criminally negligent homicide if it’s proven access wasn’t reasonably secured.
Other types of cases include:
- Dog bites
- Fires
- Chemicals and toxic fumes
- Escalator and elevator accidents
- Inadequate building security leading to assault or injury
- Accidents at amusement parks
- Swimming pool accidents
Proof of Liability an Injured party Must Deliver
- Just because you got injured while on someone else’s property does not prove the owner’s negligence
- Just because the property might have been in a condition that made it unsafe doesn’t indicate the owner’s negligence
Elements that make up a valid case will vary from state to state. You should look up what your specific jurisdiction says about it.
However, there are some common elements that the injured party (the plaintiff) will have to prove. The following are some of them.
1. the Defendant Owned, Leased or Occupied the Property
In a case with merit, the evidence will clearly show that the defendant had a duty of care. It will be clear to see that they were responsible for ensuring the property inspection.
They ought to have ensured it was in reasonably good condition for the use it was intended for.
2. the Defendant Was Negligent While Using the Property
In proving negligence, there are two predominant approaches. One has been in use historically, and the other has recently gained prominence. They are:
Liability Derived from Ordinary Negligence
Under this approach, the property owner has a duty to warn you of danger. It extends to both known and latent danger that you may not have reasonably discovered on your own.
The defendant’s duty also extends to the dangers that they should have known about if they had exercised reasonable care.
Liability Derived from the Status of the Person in the Land
The historical approach to determining liability hinged on the status of the person entering the land. The status classifications used were as follows:
Invitees
Those who enter the land for the defendant’s financial benefit. Also, those who enter land generally open to the public. The duty of care is to maintain the premises reasonably.
Licensees
Those with the defendant’s express or implied permission to enter the land. The duty of care here is to warn of concealed dangers the licensee may not be aware of. Once a licensee is asked to leave, and they don’t, they become a trespasser.
Trespassers
Those who unlawfully enter into the land and remain on it. The only duty of care here is to refrain from wantonly and willfully hurting them.
3. You Suffered Harm
4. the Defendant’s Negligence Was as Significant Factor
Leading to the Harm
When proving that the defendant’s negligence contributed substantially to your injury the harm must be reasonably foreseeable.
The defendant’s negligence doesn’t have to be the only cause of harm. It does, however, need to be proven to have significantly contributed to the injury.
Be Better Informed
Premises liability is a part of the law that is increasingly becoming critical as more people suffer injury. To mount a valid case you need to consult a lawyer with experience in handling these kinds of cases.
Your attorney will guide you in ensuring you have all four requirements to prove your case successfully.