If you’ve ever been injured on someone else’s property, you need to understand premises liability. Premises liability governs damages you can claim if the owner or tenant was negligent with property maintenance. Your rights depend on your status with the owner. For instance, were you invited, a child, a trespasser, etc?
Establishing Premises Liability
Your lawyer will need to establish 4 main things to prove a premises liability case.
1- The property was owned or occupied by the defendant. If you are injured in a store leased by the business owner, you will be suing them and not the actual property owner.
2- The defendant was negligent in maintaining the property. Owners and tenants are expected to maintain a standard of care. A business cannot have a slick entryway or other hazard and is held to a higher standard than private property owners.
3- The defendant’s negligence led to your injury. You must establish a clear cause and effect between their actions and your injury.
4- Compensation is in order. You have to prove you suffered damages that compensation will help correct.
Types of Premises Liability Issues
1- Dog Bite: If you are attacked and bitten by an owner or tenant’s dog, you may have a case. Pet owners are responsible for keeping their animals properly restrained via fence, leash, etc. They cannot allow their pets to roam unattended.
2- Improper Lighting: Owners and tenants must provide enough light to allow you to see where you are going. Otherwise, you may be injured by running into an object or tripping over a hazard.
3- Water Leak: This issue becomes a premises liability if a water leak from another property damages your home or belongings. Perhaps the bathtub in the apartment above you is left on and wrecks your ceiling. You would have a legitimate claim for damages.
4- Lack of Security: When you visit a store, attend a concert, or stay in a hotel, you have an expectation of adequate security. If you are a victim of a robbery or other criminal act, the property owner or tenant may be liable if they did not take proper security measures.
5- Swimming Pool Accident: Property owners are frequently sued due to swimming pool accidents. The duty of care can be a heavy burden. One example is if an owner fails to have adequate fencing around the pool and someone is injured, they face legal action.
6- Damaged Walkway: Sidewalk cracks and bumps cause many accidents. You can easily trip and break a bone or suffer a concussion. The property owner is responsible for maintaining safe walkways, especially at commercial properties. If you trip, you may have a case.
7- Poor Maintenance: This category is broad but applies to any accident caused by negligence. If damaged ceiling tiles fall on someone’s head, a broken window cuts a customer, or a wall collapses, it falls under premises liability.
If you are injured on someone’s property, you should consult a personal injury lawyer. Property owners and tenants have a responsibility to maintain their premises. If they do not, you can seek compensation for your injuries.
