Premises Liability And You

October 10, 2016

If you’ve ever wondered what purpose a premises injury lawyer serves, now is a great time to brush up on premises liability law. If you own a property, you have certain duties of reasonable care that you must uphold. If you are a visitor, however, your personal safety rests in the hands of the property owner. No matter which side you find yourself on, having legal representation can help you in the event of an incident. Who the law determines as responsible depends on a number of factors.

Types of Premises Liability And Their Implications

At their root, these liability cases concern injuries. But falls and slips are not the same as a dog bite. A premises injury lawyer would argue on different grounds when dealing with unexpected malfunction versus poor maintenance. In the same way, an accident involving a fire is not like circumstantial accidents related to pools or theme parks – and those cases depend heavily on the relationship between the visitor and owner. The conditions of each scenario imply different terms of negligence. Without a reasonable argument for the property owner’s responsibility to the injured party, there is no case.

Proof Of Negligence

An injury does not necessarily always mean that the property owner is at fault. What if the fall occurred because the injured person tripped on their untied shoe? Or, what if they slipped on a wet floor properly noted with a caution sign? These are questions a premises injury lawyer asks in order to establish negligence and duty. When the owner is at fault, the case has grounds for negligence. If it is clear that the owner failed to maintain the property, or follow pre-agreed terms such as installing a locked gate around a swimming pool, they may be at fault.

Obligation And Visitors

A premises injury lawyer also needs to know the visitor’s role in the incident. The law breaks down visitors into three categories: invitees, licensees, and trespassers. When a friend or neighbor visits by invitation, the owner has a legal obligation to ensure safety. This also applies to proprietor, employee, and customer dynamics. Licensees are unexpected visitors to whom the owner has an obligation to warn of immediate concerns they are likely to encounter, such as a territorial dog. Trespassers enter the premises without permission, and in most cases not concerning children, the owner has no liability.

Contact a premises injury lawyer if you have sustained an injury on private property. If you believe the owner neglected to fulfill their legal duty, you could be entitled to damages.

Posted By: Joe Stanley

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