Premises Liability Lawyer

What is Premises Liability?

If you or a loved one has been injured on someone else’s property, People for Law can help you determine if you have a premises liability case and help you file a lawsuit if necessary.

The term premises liability refers to a building owner or landlord’s responsibility for injuries occurring on their property because of dangerous conditions or negligent maintenance.

Property owners are responsible for the accessibility and safety of their property for visitors. This means that they can be held liable if they have in any way failed to maintain their property adequately or have willfully ignored dangerous conditions that ultimately have led to injury.

In order to recover damages for premise liability, there are several elements that must be proved:

• The defendant either owns or is occupying the property:A claim for premises liability may be made against the property owner. However, if a tenant is occupying the space, the responsibility for maintaining the premises and ensuring the safety of the visitors lies with the tenant.
• The defendant has been negligent in maintaining the property:In order to be considered negligent, the defendant’s efforts in maintaining the premises must fall below the required standard of care. The standard of care is determined by the plaintiff’s relationship with the property owner or occupier. This means businesses have a greater responsibility towards their visitors than private residents who invite casual guests to their homes.
• You have suffered an injury as a result of the defendant’s negligence: The injury you have suffered must have been caused directly by the property owner or occupier’s failure to fulfill their duty of care.
• You are eligible for compensation: You must have experienced damages that make you eligible for monetary compensation. 

Proving each of these above elements is crucial to claim compensation in a premises liability suit. Therefore, collecting as much evidence as possible following the accident is very important. You can take pictures or videos of the area where the accident occurred to maximize your chances of winning a premises liability lawsuit. Moreover, retaining the services of a premises liability attorney is vital as their thorough knowledge of legal matters can significantly improve your chances of achieving a favorable outcome.

A Property Owner’s Duty of Care

A property owner’s or occupier’s duty of care varies depending on the type of visitor. The visitors are classified into three groups based on their purpose in being on another person’s property.

• Invitees:If you are invited onto someone’s property for the owner’s or occupier’s commercial benefit, you may be considered an invitee. This classification typically applies to owners or occupiers of commercial properties such as shopping malls, eateries, or grocery stores.
• Licensees: If your friend, family, or any other person invites you onto their property for social purposes such as parties or gatherings, it makes you a licensee.
• Trespassers: Owners or occupiers are generally not held accountable for injuries sustained by trespassers. However, if the owner or occupier was aware of the trespasser’s presence and failed or neglected to warn him about the known hazards, they may be liable to pay damages.

Moreover, children are owed a greater duty of care, requiring property owners or occupiers to observe additional precautions to protect children from known dangerous conditions. This is applied stringently, especially with regard to dangers known to attract children, like trampolines or swimming pools.

You can recover compensation for injuries sustained on someone else’s property if you are able to prove that the owner or occupier:

• Was aware or should have been aware of the dangerous conditions
• Failed to rectify the problem
• Failed to warn the visitors adequately