As a property owner – or a person who is in charge of a premise – you have certain obligations under the federal and state laws to keep your building and land safe for people. These obligations are designed to keep people from falling on your property & you becoming liable.
But if you neglect this law with or without intent, and as a result of your actions or inactions, someone gets hurt, you could be held liable for the personal injury as well as the pain and suffering that arise. That’s where a premises liability and premise liability lawyers come in.
Premise liability is an area of personal injury law that deals with injuries or accidents that happen on someone else’s property, often due to negligent security or hazardous condition. Premise liability injuries can be sustained in construction sites, buildings, parking spaces, and other private or public places. As stated earlier, property owners are under the obligation to protect anyone who is allowed on their land. Failing to do so could entitle the victim to a valid personal injury claim. Common premises liability injuries include, but not limited to burns, electric shocks, broken bones, neck injuries, spinal cord injuries, and head injuries.
The premise liability law holds property owners responsible for accidents that could have been avoided on their premise. Failing to uphold the safety of a property that ultimately results in injury is a serious offense, punishable by law.
Here are some elements of premises liability cases
Duty of care
Property owners and tenants who keep their premise safe and in good condition can prove this fact. Although all property owners have an obligation to protect visitors and residents on their property, those with good records and evidence of proper upkeep can fight negligence suits concerning maintenance. With the help of an experienced premise liability lawyer, one can address the negligence issue and avoid paying for compensation for something that isn’t their fault.
There has to an element of negligence on the property owner’s side arising from a valid duty of care for the victim to receive compensation. It will be hard to for a property owner to argue in their defense if they indeed were negligent about the duty of care.
If an injury or accident arises as a result of the property owner’s negligence, and the injury can be compensated in monetary terms, then they will be held liable for the injury.
Typical personal injury claims are defended thoroughly by both the property owners and their insurance company, making it hard for an average person to fight for their rights to compensation. That’s why many victims bring in a legal counsel. These experts have the right kind of experience, knowledge, and skill set to navigate through the personal injury cases as well as negotiate with the insurance company to ensure the victim gets the compensation that they rightfully deserve.
Limitations on recovering for premises liability
A majority of the states follow the comparative fault principle in premises liability suits. Meaning, the victim who is partly or wholly liable for the accident cannot obtain compensation for damages resulting from dangerous property condition. Visitors must use reasonable care to keep themselves safe. To the extent they fail to use reasonable care, the compensation can be reduced by their percentage of fault.