First of all, it’s important to understand the premises liability.
What is Premises liability?
Premise liability refers to a property owner’s potential legal responsibility for injuries that are caused by unsafe conditions on the property. Premise liability cases exist in any type of open space. These can include accidents involving slips and falls, swimming pools, construction sites, etc.
Many of the personal injury cases are based on negligence. The same applies to premises liability cases. If you wish to win a premises liability case, the injured person needs to prove that the property owner was negligent with respect to ownership or maintenance of the property. Usually, negligence implies that the property owner was not able to use reasonable care in connection with the property.
However, just because you were injured on someone’s property does not imply that the property owner was negligent. Just because the property might have been in an unsafe condition does not mean that the property owner was negligent. You will have to show specifically that the property owner knew that the premises were in an unsafe condition, and still did not take the right steps to prevent the situation.
Liability Based Upon the Status of the Person entering the property
In most of the jurisdictions, the defendant’s standard of care is determined. Usually, it depends upon the status of the person entering the land. Overall, there are three basic statuses: invitees, licensees, and trespassers.
An invitee is a person that enters the land for the financial benefit of the defendant. He also might be a person that enters land generally open to the public. A defendant owes the duty of reasonable care in maintaining the premises here. There is an obligation to make the property reasonably safe for others.
A licensee is a person who has the permission of the defendant to enter the land. This category includes social guests. In case the social guest is asked to leave the property and refuses, he turns into a trespasser. Here, a defendant needs to fix or warn of probable dangers.
A trespasser is a person who enters or remains on the land of another, going against the law. Here, the defendant owes no duty. However, he cannot harm the trespasser either!
There are many jurisdictions that have used the reasonable person standard for all entrants onto the land. As per this approach, a defendant has a duty to warn of known as well as probable dangers that are not known to you. This duty is inclusive of dangers that the defendant should have known about if he/she exercised proper care.
What does the Injured Party Need to Prove?
Usually, the elements of a premise liability case differ from state to state. So, one must check the laws of your jurisdiction. There are certain things that the injured person needs to prove. These include:
- that the person causing the injury owned, occupied or leased the property
- that the defendant was negligent in some manner
- that the plaintiff was harmed
How to prove that the defendant Owned, Occupied, or Leased the Property?
This is the very first thing that you will need to prove. When it comes to a solid premises liability case, it has to be established that the owner, occupier, or lessee had a duty to inspect the property. It needs to be proved that he/she had to make sure that the property was in reasonably good condition based on its intended use.
How to prove that the defendant was negligent in the use of the property?
You will have to prove that the defendant was negligent in the use of his/her property. Negligence can be defined as a legal concept that holds people responsible in civil court for the unintentional harm that is caused to others. You need to show that the defendant was not able to use the standard of care.
How to prove that you were injured?
You need to show that you were injured. You can do so through your testimony. Also, you can provide medical bills and expert testimony that is associated with your injuries. It is also related to the extent of your medical treatment, and how your injuries and ongoing medical care will impact various aspects of your life.
You will also have to show that the defendant’s negligence was a substantial factor in causing your injuries. The harm you suffered needs to be reasonably foreseeable in the context of the defendant’s conduct. The defendant’s negligence need not be the only cause of your injury.
What are the various types of Premises Liability Cases?
There are various types of Premises Liability Cases. These include slip and fall cases, snow and ice accidents, poor maintenance of the premises, defective conditions on the premises, bad building security leading to injury, elevator and escalator accidents, dog bites, swimming pool accidents, amusement park accidents, fires, harmful chemicals, water leaks or flooding, etc.
Thus, premises liability cases include a vast array of fact scenarios.
What to know about Slip and Fall cases?
Such cases occur when you slip and fall on someone else’s property. There are some common conditions that can give way to a slip and fall case. These include defective staircases, accumulation of ice or snow, wet floors, oily floors, unclear extension cords, unsecured rugs or carpets, loose floors, sidewalks, steps, or stairs, etc.
What to know about poor building security cases?
In usual, these cases arise in apartment buildings or offices. The owners of these buildings have a duty to act reasonably in securing access to the buildings. So, large apartment buildings and offices have doormen or security guards. On the other hand, small apartment buildings require the tenants to keep the front and back doors locked. In case someone breaks in and harms someone inside the building, that person may have a premises liability case against the building owner. However, it needs to be shown that the building owner did not take proper steps to secure the building.
