Property owners have a duty to maintain safe conditions on their premises. Failure to do so may result in injuries for which property owners may be liable. Suffering an injury on someone’s property may result in high medical bills and other costs. You can file a premises liability claim to recover compensation from the owner.
Premises liability is a vast area of law. So, we browsed the website of Rosenberg & Gluck LLP Personal Injury Lawyers, to get a better understanding of how premise liability claims work. Ready to learn? Let’s go.
Premise Liability Explained
Premises liability is a legal concept. It holds property owners responsible for injuries that happen on their premises. Under the law, property owners must ensure the premises are safe for people.
Premises liability law applies to both businesses and homes. So, you may be eligible for compensation if you get hurt on business premises or at someone’s home. The occurrence of premises liability injuries gives rise to premises liability claims.
Most businesses usually have insurance covers to cover premises liability claims. Residential property owners also usually have homeowner’s insurance for the same purpose.
Types of Premises Liability Cases
There are many kinds of premises liability cases. Some of the most common ones include:
- Slip and fall accidents
- Dog bites
- Swimming pool accidents
- Crimes caused by inadequate building security
- Elevator accidents
Premises liability accidents can lead to a wide range of injuries. They include lacerations, bruises, broken bones, and head trauma. If you get injured on someone else’s property, you may be eligible to recover damages.
Damages You Can Recover in a Premises Liability Claim
The damages awarded in a premises liability claim will depend on the facts of your case. However, some of the most common types of damages you can recover include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Proving a Premises Liability Claim
There are elements you must prove to be successful in your premises liability claim. They include:
A Duty of Care
A duty of care refers to a property owner’s obligation to keep their premises safe for those who visit. Property owners should warn visitors of any potential hazards and repair dangerous conditions. You must prove the property owner owed you a duty of care.
Breach of Duty of Care
Plaintiffs must also show that the property owner breached their duty of care. To do that, you must prove that the owner knew or should have known the danger. Additionally, you must show that the owner failed to repair or warn you of the risk.
Causation
You must prove that the property owner’s breach of duty was the direct cause of your injury. This means the injury wouldn’t have happened had the owner taken the appropriate steps.
Damages
You must prove that your injury led to damages. These include medical bills, lost wages, or pain and suffering.
How the Status of a Visitor affects Liability
The status of a visitor can significantly affect the legal duty a property owner owes. Visitors may fall into three different categories:
Invitees
Invitees are individuals who the owner invites onto the property. An example is customers at a store.
Property owners have a duty to protect invitees from hazards on their property. They can do that by inspecting for potential dangers and repairing any hazards.
Licensees
Licensees are visitors who have permission to enter the premises. However, they are usually there for their own purpose. A good example is a salesperson. The property owner must protect the licensee from harm to the same degree as the invitees.
Trespassers
Trespassers are individuals who enter the property without permission. Property owners do not typically owe any duty of care to trespassers. Thus, they may not be liable for any harm trespassers sustain while on the property.
Final Words
Premises liability claims are a complex and often confusing area of the law. However, it’s important to understand its various aspects. Doing so will ensure that you’re adequately prepared to safeguard your rights.