Premises liability is an area of law concerning injuries on another person’s property. The other property can be commercial property or private property. The only exception to this rule is animal attacks. Dog bites fall under premises liability laws because dogs are the owner’s property.
Property owners have a duty to anyone using their property to keep it safe for use.
However, to have a successful premises liability claim, a person must show that the property owner knew, or should have reasonably known, that there was a potential danger on their property and failed to correct the problem.
Proving that a property owner knew a problem before it happened can be complex. This is why having a premises liability lawyer managing your claim will always be beneficial.
Your attorney can conduct the necessary investigation to show how the property owner knew or should have known that there was a problem and that the problem led to your injury.
Common Premises Liability Accidents
Any accident could qualify for a premises liability claim if the owner did nothing to prevent the accident from occurring. However, some cases are most commonly associated with this area of law.
- Slip and Fall
- Elevator and escalator accidents
- Accidents related to snow, ice, and rain
- Staircase/stairwell accidents
- Accidents cause by inadequate lighting
- Accidents caused by inadequate security, including criminal activity
- Accidents caused by inadequate maintenance
- Chemical or toxic fumes
- Swimming pool accidents
- Dog bites
- Injuries resulting from fire, smoke, or steam
- Amusement park injuries
Three Types of Visitors to a Property
Not everyone that enters a property is entitled to the Duty of Care of a property owner. While this may seem odd, property visitors are classified into three categories. What category you fall under will determine if you are owed a duty of care when on the property.
Invitee
An invitee is someone who the property owner has invited to come on the property. This could be a person inviting someone to their home or a business owner being open for business. Property owners have the most responsibility to this category of people.
Licensee
A licensee is a person who has been granted permission to conduct their own business on another person’s property. The best example would be a sales representative coming to a store to promote their goods.
Trespasser
A trespasser has not been granted permission to be on a property. The property owner is not obligated to someone trespassing, with only one exception.
Minors are the exception to the rule. Property owners have a reasonable responsibility to keep children from harm if they enter their property seeking to use artificial structures on that property, such as a swimming pool.
How An Attorney Can Help
If you have been injured on someone else’s property, you may be entitled to compensation for your injuries and losses. However, proving that the property owner was negligent and failed to make their premises safe can be difficult. This is where a premises liability attorney can help.
An experienced premises liability attorney will have a deep understanding of the laws surrounding negligence and liability and will be able to investigate the circumstances surrounding your injury to determine if the property owner was at fault. They will also have access to resources and tools to build a strong case on your behalf.
The first step in a premises liability case is determining if the property owner owed a duty of care to the injured party. For example, a property owner must keep their property free from hazards that could cause harm to visitors. If the property owner failed to keep their property safe and someone was injured, they may be found to be negligent and liable for the victim’s injuries.
An attorney will also gather evidence to support your case. This may include photographs of the accident scene, witness statements, and any relevant medical records. They may also work with experts to reconstruct the accident or to provide testimony on specific aspects of the case, such as the extent of the injuries suffered or the cause of the accident.
Your attorney will then negotiate with the insurance company or the property owner’s legal team to secure a fair settlement for your injuries and losses. If a settlement cannot be reached, your attorney will be prepared to take the case to court and present your case to a judge and jury.
In addition to helping you navigate the legal system, a premises liability attorney can also provide emotional support during a difficult time. They will be there to answer your questions, provide guidance, and advocate for your rights.
Overall, working with a premises liability attorney can help ensure that you receive the compensation you deserve for your injuries and losses. They will handle all aspects of your case, from investigation to settlement negotiations or trial, allowing you to focus on your recovery and moving forward after a traumatic experience.
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