Lawrence Ross
Premise liability is a legal concept that keeps property owners responsible for accidents and injuries that take place on their premises. While this may seem straightforward, there are certain key factors you should understand to determine if you have a premise liability case.
The Duty of Care
Property owners are legally obligated to ensure their premises are reasonably safe for all visitors. This duty of care extends to invited guests and even trespassers in some cases. Property owners must take reasonable steps to prevent foreseeable accidents, such as repairing broken stairs or cleaning up spills. However, the duty of care also applies to visitors' actions on the property. For example, if someone is injured while they are engaging in risky behavior or ignoring warning signs, they may not have a premise liability case.
Types of Accidents Covered
Premise liability cases can arise from a wide range of incidents, including slip and fall accidents, dog bites, swimming pool accidents, elevator or escalator malfunctions, and more. In general, if you're injured on someone else's property due to their negligence or failure to maintain safe conditions, you may have a premise liability case. It's essential to note that premise liability cases may not only involve physical injuries but also emotional harm. For example, if you were injured on a property and developed anxiety or fear of similar situations. As a result, this could be considered emotional harm and may be included in your case.
Proving Negligence
To have a successful premise liability case, you must prove that the property owner was negligent and their negligence caused your injuries. This can be challenging to prove, as it requires evidence such as photographs of the unsafe condition, witness testimony, or previous incidents on the property. It's also crucial to act promptly in premise liability cases. Evidence may disappear quickly, and witnesses' memories may fade over time. If you're considering a premise liability case, it's best to consult with a personal injury lawyer as soon as possible.
Compensation for Injuries
You may be eligible for compensation if you have a successful premise liability case. This compensation can cover medical expenses, lost wages due to missed work, pain and suffering, and more. However, the compensation awarded in premise liability cases varies greatly depending on the severity of the injuries and other factors. An experienced personal injury lawyer can help you determine the compensation you may be entitled to in your specific case.
My husband has worked in the construction industry for nearly twenty years. Three years ago, he decided to open his own business performing renovation work. Having so much experience helped him land clients and showed him that he has to protect himself from the clients that aren't so easy to please. We started working with an attorney in the beginning to have all of the contracts drawn up and have called when things go badly with clients. This blog will show you what you need to do to protect yourself from legal liabilities when you work as a contractor in today's world.