Premise liability incidents falls under the huge umbrella of personal injury claims. Such a case may arise when a person sustains an injury on someone’s property. This could be the result of a risky or defective condition of the premise. For instance, a postman comes to your house to deliver a mail but accidentally trips and falls on the driveway. By law, he may sue you for damages but if it happens that he was intoxicated or acted unsafely, then the claim would be invalid.
To win such a case, the complainant must prove beyond reasonable doubt that the injury was as a result of negligence on the property owner’s part. Legally, this means that the premise’s proprietor failed to employ reasonable care to prevent occurrence of any injury. As you may have realized, premise liability cases are not a walk in the park and it is always advisable to seek assistance from a competent attorney who can prove that it is indeed the premise holder who is in the wrong. You can visit with an attorney for insurance claims who can further help you pursue your case.
Premise Owner Duty of Care
A major issue of concern is the owner’s duty of care. Regardless of the fact that an individual has a rational expectation of not getting injured when they enter a property, the owner’s liability is limited by the law. Though law’s execution may vary from state to state, there are three categories of a visitor that matter legally.
- An invitee is one who is invited to the property by the owner as a social guest or for business dealings such as a customer. In most cases this applies when a premise is open to the public.
- A licensee is someone who has the possessor’s immediate permission to be on the property even if the property is closed to the public.
- A trespasser is an individual who has no business being on the property. Typically, landlords bore no liability to trespassers unless they were a minor.
Premise Liability Incidents
Among the most common premise liability injuries are slip and fall accidents, animal attacks, burn injury, assault, accidental drowning just to name a few. Let’s take a closer look the major occurrences.
- Slip and fall accidents may occur when an individual trips or slips and falls as a result of slippery or uneven ground. They can also be caused by obstructions on the pathway. Some causes of these risks may include snow, ice, oil, housecleaning liquids, faulty staircases, loose or broken sidewalks just to name a few.
- Inadequate security- owners of apartments or office buildings have the legal duty to provide adequate security to curb incidences of insecurity such as assault, or even murder. These security measures include provision of a guard and even proper lighting.
- Accidental drowning accidents- in most incidents, these cases usually involve minors. All landowners with an unsecured or unsupervised pool are liable to pay for damages in case of injury. It is therefore prudent to have a gate and fence around your pool.
Varying from state to state, Premise liability cases are very complex and should not be handled without a qualified attorney. Avoid the strife and contact a good one for information and advice.