Premises Liability

What is Premises Liability?

“Premises liability” is just a fancy legal term used to describe the responsibility that a landowner and/or occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons, but the most common reason is an injury.  Some types of “premises liability” incidences that often cause injuries come from falling objects, a broken sidewalk, a hotel or motel pool that lacks proper barriers and/or fencing (often resulting in accidental drowning), lack of adequate security at a hotel or apartment complex (often resulting in violent attacks and rape), hotel or apartment fires, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case.

How do I know if I have a Premises Liability Claim?

Some factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists? Further you may have to establish whether or not the owner knew a hazard existed and then failed to fix the problem. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

What should I do if I think I have a Premises Liability Claim?

Contact an experienced premises liability lawyer immediately.  When considering filing a premises liability claim action should be taken quickly. This is important because you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you’ve sustained, then speaking to a premises liability lawyer should be a priority. Premises liability cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.