Premise liability is a complex legal concept that affects property owners, tenants, and visitors alike. It refers to the responsibility of property owners to maintain safe and secure premises. Whether you’re a property owner, tenant, or visitor, understanding the basics of premise liability is crucial to avoiding legal trouble and staying safe. So, let’s dive in as personal injury lawyers from the Bourassa Law Group explore the parameters of this important legal concept.
Premise Liability Law – The Duty of Care
If you were hurt on someone’s property or if they were hurt on yours, there will be an exchange of compensation if a personal injury case is filed. But what is it that determines who’s at fault and what the fair compensation is? That would be premise liability law. The law determines everything from who can make a claim to the compensation. In short, it’s the type of law that dictates personal injury claims in case the injury happened on someone’s property. This can include personal property and workplace incidents.
Elements of Premises Liability Claim
Around 24.8 million people visit a physician’s office yearly for accidental injuries. Many of these people are eligible to file a personal liability claim, but whom do they file against? It’s not always the property owner at fault. Here are some elements of a premises liability claim you should know before filing one.
· Negligence in Maintaining Property
You could file a personal injury case against the property owner if they were negligent in the maintenance of the property. However, it must be below the standard of care, which is determined by the relationship between the victim and the property owner.
· Ownership or Occupation of Property
In some cases, you may file a claim against a property owner, while in others, you may file that claim against the tenant. For instance, if you have an accident in a store located in a shopping mall that the store owner leases. You would file the personal injury case against the one with the lease in the event that their negligence caused your fall and they were responsible for the property’s maintenance.
Property Owner Rights Under Premise Liability Law
There are certain rights and responsibilities for property owners under the premise liability law:
- Property owners have a legal obligation to keep their premises in a safe and secure condition and to warn visitors of any potential hazards.
- They have the right to inspect their property and take necessary steps to address any safety concerns and control who’s allowed on to the property.
- They can defend against claims. They have the right to defend themselves against premise liability claims and personal injury casesby demonstrating that they took reasonable steps to address any hazards and that the visitor was at fault for their own injury.
- Property owners have the right to appeal a premise liability judgment if they feel it is unjust or unfair.
Civilian’s Rights Under Premise Liability Law
What responsibility an owner has towards civilian changes based on what their legal status is:
· For Invitees
Invitees are people invited on the property for a business purpose and require the highest duty of care from the property owners. For example, a patron at a café will be an invitee. Property owners or business owners must keep the property up to date and warn the invitee about any potential hazard.
· For Licensee
Licensees are those that are invited onto the property but without the intention of receiving economic benefit from them. For example, inviting a friend over for dinner. Property owners have a duty of care for them but not to the same degree as for an invitee. They don’t have the same obligations for checks and maintenance on the property but must still keep the conditions on their property safe.
· For Trespassers
Trespassers are people who don’t have permission to be on the property. However, property owners also have a certain degree of responsibility toward them. They can’t create dangerous situations on purpose or set up harmful traps without warning.
· For Employees
Property owners must create a safe working environment for their employees. If they neglect maintenance and don’t keep the workplace up to the mark, they can be sued. However, in this case, the employee must file a worker’s compensation claim in the personal injury case and not a personal liability claim.
The Outcome of Premise Liability Claim
The outcome of a premise liability claim depends on various factors, such as the specific circumstances of the incident, the evidence presented, and the laws of the jurisdiction in which the claim is being made. The parties involved may settle outside of court through mediation or through a court case.
If it goes to court and the evidence supports the plaintiff’s claims, a judge or jury may find the defendant liable and award damages to the plaintiff. On the other hand, if the defendant can prove that they were not at fault or that the plaintiff assumed the risk of injury, the court will rule in their favor.
However, the case can be dismissed outright if there’s a lack of evidence or the incident is past the statute of limitations.
Do You Need a Personal Injury Lawyer?
If you need a personal injury case lawyer for assistance on your case, check out the Bourassa Law Group. The firm has specialized, reliable personal injury case lawyers and provides legal services in various states, including Nevada, Arizona, and Colorado. You can find pedestrian accident lawyers, asset protection attorneys, car accident lawyers, and more on their team.
Contact them today to reach the settlement that’s right for you!
About the Author
The author is associated with the Bourassa Law Group and has been helping individuals with personal injury claims for the past six years. He is a great lawyer and loves to write informative legal guides to help people across the US.
