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Premises Liability
Premises liability is a legal term used to categorize the responsibility of property owners in the event that someone becomes injured on their property as a result of the owner’s negligence or other issue. Accidents may occur on public premises or be cases for which private owner liability is proven. Several incidents can lead to a valid premises liability claim, including slip and fall accidents, violent attacks, and other occurrences. Contributing factors include inadequate supervision, a lack of security, hazardous property conditions, and others. The following provides a basic overview for helping individuals better understand their legal rights under personal injury law.
Fundamental Things to Know
Premises liability rules and provisions vary by state. The primary focus courts use to determine liability may be on property conditions, activities on the property, or the injured victims’ status. Proving liability in this type of case requires establishing that a property owner failed to exercise a reasonable duty of care. In making this determination, the status of a visitor to one’s property has to be established. If visitors are invited onto a property, for example as a customer to a business, then possessors of the property have an implied duty of care to ensure their safety. If a visitor is a trespasser, most states do not require the same duty of protection for property owners. If an owner is found liable for one’s injuries, they may be required to pay damages for medical bills, pain and suffering, lost wages, and other expenses.
Property Hazards
Property hazards that lead to slip and fall claims commonly contribute to premises liability cases. Wet surfaces, falling objects, uneven flooring, and poor lighting are examples of conditions that may cause injuries. Owners may be found liable in a premises liability claim if they fail to correct these types of issues after a reasonable amount of time has passed.
Proper Warning
Although visitors to property are expected to take precautions to ensure their own safety, certain situations may require owners to warn visitors of potential threats. Children, for example, are protected under the law whether they have permission to be on one’s property or not, if it is reasonable for owners to know they might enter the property, and an owner fails to eliminate foreseeable dangers. Trespassers are even protected under some state’s provisions if owners believe they might enter one’s property, but fail to provide sufficient warning of possible injury.
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