Exploring the Fundamentals of Premises Liability

Premises Liability falls under the broader umbrella of personal injury law and deals with the accountability of property owners for accidents and injuries that happen on their property. This article offers an in-depth exploration of Premises Liability, including its definition, mechanisms, and the various facets associated with this area of law.

Premises Liability Defined

Premises Liability refers to the legal responsibility that property owners bear when an individual gets injured on their property due to unsafe or hazardous conditions. The liability comes into play when the injury is a result of the property owner’s negligence in maintaining a safe environment.

How Premises Liability Works

In order for a premises liability case to be valid, the injured party must be able to prove that the property owner was negligent, resulting in the accident. This means that the property owner failed to exercise ordinary care in maintaining their premises safe, thereby breaching their duty of care.

Proving Negligence

It’s critical to note that simply being injured on someone’s property does not automatically qualify for a premises liability case. There are specific elements of negligence that must be present:

The property owner had a duty of care.
The property owner breached that duty of care.
The injuries resulted from this breach of duty.
The injured party has damages from the accident caused by the property owner’s breach of duty.

Collecting evidence to prove these elements can include photographs, video surveillance footage, witness testimonies, and expert testimonies. For more information on premise liability cases, you can navigate here.

Roles in Premises Liability

The role of the person injured plays a significant part in a premises liability case. These roles can be classified as “invitees”, “licensees”, and “trespassers”.

Invitees

Invitees are individuals who are lawfully on the property through the owner’s express or implied invitation. These can include customers in a store, patients in hospitals, ticket holders at events, tenants, and friends or relatives of the property owner.

Licensees

Licensees are individuals who have permission to be on the property, but are visiting for their own purposes. Examples can include salespeople. The duty of care owed to licensees is typically lower compared to invitees.

Trespassers

Trespassers are individuals who don’t have authorization to be on the property. Property owners generally do not owe a duty of care to trespassers, with the exception of children in some cases.

Types of Premises Liability Cases

Premises liability cases can arise from a variety of situations. Some common examples include:

Slip and fall accidents
Inadequate premises maintenance
Swimming pool accidents
Elevator or escalator accidents
Dog bites
Fires
Ice or snow accidents
Amusement park accidents

Comparative Negligence in Premises Liability Cases

In many states, premises liability cases are subject to comparative negligence laws. This means that even if the injured person is partly responsible for their accident, they can still seek damages. However, their compensation would be reduced based on their percentage of fault.

Seeking Legal Assistance

Given the complexities involved, it’s recommended to seek legal assistance if you suspect you have a premises liability case. An experienced lawyer from Armstrong Lee & Baker, LLP can help assess the validity of your case, guide you through the process, gather necessary evidence, and handle communication with the insurance company.

Conclusion

Premises liability is a complex area of law, and each case can present unique circumstances and challenges. Understanding the basics of premises liability can help individuals navigate these cases more effectively. In any event, it’s always best to consult with a legal professional to get proper advice and representation.