Do You Have a Premises Liability Case?
Written by AskTheLawyers.com™ on behalf of Justin A. Smith with Sloan Firm.
It is not uncommon for dangerous conditions on a premises to result in the injury of an unsuspecting party. While not every situation is viable for a premises liability case, any injury caused by unsafe conditions on another party’s premises should be investigated. A premises liability attorney will be able to discuss your situation and identify the likelihood of success if you choose to file a claim. A successful premises liability claim can seek compensation for damages including medical bills, lost wages, and more. To learn more about premises liability or to figure out if you have a premises liability case, reach out to a premises liability attorney sooner rather than later.
In many premises liability cases, it is necessary to prove that the owner of the property owed the injured party a duty of care.
A duty of care is a legal term used to refer to the responsibility one party has to act with reasonable regard to another person’s safety. The rules regarding proving that a duty of care existed in a premises liability case can vary from state to state, so it’s important to research the law in your area.
In many states, if the property owner is decided to not owe a legal duty of care to the injured party, they may not be required to pay that party’s damages; an example of someone who may not be owed a duty of care includes trespassers and/or those who entered the property with criminal intent. However, in any scenario where the injured person had expressed or implied permission to be on the property when the injury occurred, it is likely that the owner of the property owed that person a duty of care.
The following are additional indications that you may be eligible to file a premises liability claim:
- Lack of signage: Does the premises contain an inherent risk that could have been mitigated with posted signs warning people of the danger? Similarly, if signs were present, were they legible or faded/damaged?
- Unsecured animals: If your injuries were caused by an animal on the premises, how did the attack occur? Was the aggressive animal roaming loosely or were they secured at the time of the injury? Are other animals allowed to roam on the property?
- Broken fence/railing/barrier/etc: Many premises injuries could be prevented by proper barriers between the hazard and the party involved. Could your injury have been prevented by a well-placed fence, handrail, or similar fixture?
- Unsafe conditions: How was the condition of the rest of the property? A property rife with safety concerns may indicate a level of negligence on the part of the property owner.
- Delayed repairs: When a property owner fails to correct a reported safety hazard in a timely manner, resulting in the injury of a party on their property, this could open up the property owner to liability.
Most of these indications are based around the idea of reasonable awareness; if another property owner in the same situation could reasonably have been expected to notice and correct the hazard before an injury could occur, the property owner might be considered liable. This concept plays a part in most personal injury cases and often serves as the foundation for deciding whether or not the at-fault party’s actions or lack thereof can be considered truly negligent.
To learn more about your options for physical and financial recovery after a premises liability accident, or for help evaluating your case, reach out to a premises liability attorney.