Premises liability cases exist in almost every kind of open space or structure and include all kinds of accidents that can happen in these spaces. If you have people over a premises you own, you will need to keep in mind that you are liable to keep it safe to where no injury can occur to your guests.
There have been many cases that hold a premises liable for their injury and, depending on the injury, there can be a large compensation for the victim. For those that have been wrongfully injured on someone else’s property, it is important to know the options you have to get the justice you deserve.
On this page, we’ll go through what premises liability is and the common types of cases that involve it. Also, what the injured person must prove to build a case for premises liability and where to find the best lawyers for the job.
What Is Premises Liability?
Premises liability is, in terms of the legality in a personal injury case, when an injury occurs to someone by some kind of defective or unsafe condition on another person’s property.
The person at fault is the owner of this property for maintaining an unsafe environment that someone can easily be injured without doing anything reckless.
Types of Premises Liability Cases
There are all kinds of personal injury cases that can fit under the premises liability umbrella. Some of these cases include:
- Slip and fall accidents
- Ice and snow accidents
- Insufficient premises maintenance
- Insufficient building security leading to assault
- Defective objects on the premises
- Escalator and elevator accidents
- Injuries from a dog
- Accidents in a swimming pool
- Accidents in an amusement park
- Water flooding or leaks
- Chemical leaks or toxic fumes
Premises liability cases can encompass an even more wide variety of injuries, however, these are the more common ones that legal teams from all over America have dealt with.
What The Victim Needs To Build A Case
Premises liability laws will be different for most states so be sure to talk with a lawyer about the laws specific to your state. Although, for the most part, a few things you will need to prove to have a case for premises liability are:
- The person that caused the injury owned, leased, or occupied the property at that time
This is the first thing you need to prove in a premises liability case. It should be perfectly clear that the person at fault owned, leased, or occupied the property and had a responsibility to inspect and ensure that it was in a safe enough condition to be used.
- That person was negligent in using the property
Another thing the injured person should prove is that the person responsible for the property was negligent in its upkeep. Even if the person did not intend for you to become injured on their property, their negligence to keep it up to a certain operational standard makes for a case of premises liability.
Of course, there has to be proof that you were injured on the property and that the injury required some kind of medical attention. If your only injury was a bump or a scratch, it will not make for a strong case. However, if you required a trip to the hospital at any point and have records of your injury, this will make a strong case.
- That the negligence of the property owner was a major cause in the injury
The final thing is that the negligence of the property owner and the injury has to be linked in some way. This could be if you slipped and fell on a wet spot with no “wet floor” sign or if you were bitten by a dog without a “beware of dog” sign in view.
What Are You When You Enter A Premises
This may seem like a bit of a strange question but there are actually three types of categories that people fall under when entering a premises. It is important to recognize which one of these you are when building a case for premises liability. When entering someone’s property you could be an:
Invitees are people that enter the premises via a personal invite or the property is open to the public at large so the invitee can come in freely. Owners of a property need to make sure all invitees are able to go about their land safely or have regulations in place of where the invitees can go or what they can do on your property.
Licensees are people who have the implied or express permission of the person responsible for the property to enter it. If you are having guests over for a social event, these are considered licensees and should be allowed to safely use the premises. Any potential dangers must be warned about before they enter the property as well.
Trespassers are people who unlawfully go onto someone’s property without their permission. Licensees can become trespassers if they are asked to leave but they refuse to and trespassers cannot build a case of premises liability at all.
The only thing the person responsible for the property is obligated to do is not assault or cause any intentional harm to the trespasser unless their own safety is in question.
Contact Trusted Lawyers for Premises Liability Cases
Premises liability can be a tricky thing to figure out on your own, so it is important to have a knowledgeable lawyer on your side to help you get the compensation for any injuries that may have occurred.
Of course, there is a team out there that is perfectly capable of building your case of premises liability at Law Leaders. They have a large network of licensed attorneys that are all ready to provide injured Americans of any kind with the legal services necessary to get the justice they deserve.
If you’ve been injured on someone else’s premises, contact Law Leaders today to explore your potential options!