Premises Liability: Who Is Responsible?
What is premises liability?
It refers to the property owner’s or occupier’s responsibility to keep their premises safe and hazard-free for invitees and trespassers alike. It is not necessary that the owner is also the occupant of the property. In such cases, the occupier or caretaker of the premises is the one who could be held responsible for maintaining safe conditions in the designated area.
If you feel you have been injured because of a negligent act of the owner or occupier of the property, you could file a lawsuit for your injury and damages.
Here are some common types of premises liability cases:
A large number of cases involve slips and falls due to the unsafe conditions prevailing on the premises.
Injuries caused due to other unsafe conditions like broken glass, unprotected wiring, and falling or hanging objects also qualify as premises liability cases.
Dog bites from owned dogs present on the land are also legitimate premises liability claims, as it is the owner’s responsibility to contain them or put up warning signs.
It is important to understand that the burden of proving negligence in premises liability cases falls on the victim. Therefore, having an experienced attorney fighting your case will enhance your chances of winning.
Here are some points to keep in mind:
It is the occupier’s duty to maintain the safety of their premises. They should be aware of any hazards and should warn their guests or passersby of the risks of being present on their property.
While the property’s owner may have violated some safety laws, the victim may have to prove carelessness or recklessness on the part of the owner.
Although it is difficult to prove that the owner had the intent to harm the invitee or passerby, unintentional harm caused by negligence falls under premises liability.
Physical injuries have solid grounds for premises liability cases. However, intangible damages like pain, discomfort or stress caused by the injury should also be considered in your claim.
Once the defendant has been found to be careless, they will try to settle outside the courts. It may be tempting to agree on the first offer you receive; however, it is best to consult your lawyer before accepting any settlement offers.
You must also be aware that the owner or the liable party will try their best to prove your injury is either not related to any acts of their carelessness or that your accident would have still occurred with the same or higher severity had they exercised all reasonable diligence.
If you have been injured on someone else’s property, you may be entitled for compensation. The team at Regard Law Group, PLLC is ready to aggressively pursue your personal injury premises claim while getting you the care you deserve. Contact our office to schedule an initial consultation or get more information about our services.