Understanding Premise Liability Law
Laws regarding premise liability cases can vary from state to state. Each premise liability case has different facts and it may be difficult to determine who is a fault. Fortunately, a liability lawyer who is familiar with premise liability law can evaluate the legal aspects of your case. Your safety is the property owners responsibility and any injuries occuring on the property should be addressed accordingly.
In addition to medical expenses, lost wages and pain and suffering you may be able to receive punitive damages if you can prove the business owner or landlord acted with malice or had a conscious disregard for your safety (ex. hired someone with a criminal record who assaulted you).
It can be difficult to argue a premise liability case and if your personal injury case goes to trial you will need an expert lawyer who can gather good evidence, and hire expert witnesses. Expert witnesses can include experts in the medical field, contractors or economist. A premise liability attorney can also give strong arguments why the owner is responsible for your injuries.
There may be a statute of limitations for filing your personal injury claim. The time could depend on the victim’s age, type of injury or where you live. If you have questions regarding your injury Click Here to fill out the free evaluation form and an attorney will contact you.
How Can I Win my Premise Liability Case?
It order to win your premise liability case and receive compensation from the property owner you must prove:
- The property owner created an unsafe condition and this condition caused your injury.
- The property owner had foreknowledge of the dangerous condition and failed to repair or correct it.
- If the property owner did not know about the dangerous condition he should have because a “reasonable person” would have been able to recognize the danger. In order to determine what is “reasonable” a court will evaluate the length of time the danger existed and if the injured party’s negligence contributed to the injury.
The owner may be absolved of responsibility if it can be proven that a reasonable person should have foreseen the danger or known it was an inappropriate activity and been able to avoid the danger (ex. skateboarding down stairs).
Property Owner’s Responsibility
The owner of a property has the legal obligation to ensure safety and protection of all third parties who visit their property. Property can include all the buildings and land surrounding their business. There are a variety of injuries which can occur on a property. The most common accidents can be caused by:
- Slips and falls cause by defects in sidewalks, ice, snow, water or other debris
- Dangerous Equipment
- Falling Objects
- Dog Bites
- Swimming Pools
- Dangerous Chemicals
- Pot Holes
- Broken Railings
- Overgrown Landscaping
- Unmaintained Equipment
The business owner has a duty to make all hazards on the property known, take reasonable care to protect individuals on his property, and periodically inspect and repair all known or foreseeable dangers. Owners also have another responsibility to not have any object that would be especially attractive to the public. This statute is known as “attractive nuisance” and is generally applied to children.