ExecutiveChronicles | The Different Types of Premises Liability You Should Know About | A legal concept known as premises liability is often at issue in personal injury cases if the damage is caused by an unsafe or defective condition on the defendant’s property. For this, you need to hire lawyers because lawyers will know the laws of personal injury claims. Most personal injury cases, including premises liability cases, are based on negligence. The injured party must show that the property owner was negligent in owning or maintaining the property to prevail in a premises liability action. Generally, negligence refers to the failure of the property owner to maintain the property with reasonable care. Let’s examine these types of scenarios in more detail.
Premises Liability Case Types
Premises liability lawsuits cover a wide range of personal injury claim categories, including:
- Fall-related incidents
- Accidents on ice and snow
- The property’s lack of upkeep
- Unsatisfactory conditions on the property
- Insufficient building security that results in harm or attack
- Escalator and elevator mishaps
- Dog bites
- Pool mishaps
- Mishaps at amusement parks
- Toxic gases or chemicals,
- Water leaks or floods.
Most common premises liability cases you hear about involve slip and fall incidents. Accidents involving slipping and falling can occur everywhere, but they frequently happen in shops with various spill-prone products. Wet floors, cracked stairs, extension cables in hallways, uneven floors, and other factors can result in slip-and-fall incidents. In each of these cases, the hazard has to be there for a long enough time for the employee to notice it and fix it. It also shouldn’t be clear that you could easily avoid it without notification.
Premises Liability’s Four Components
Most legal claims may be divided into a few components, each of which you must be able to prove to succeed. The following four premises liability components must be shown for your claim to be successful:
- At the injury time, the defendant was the owner or occupier of the property. A company owner is still liable for premises liability, even if they only lease the property from another party, like a warehouse. Here the word “owner” is used for simplicity to mean both owners and occupiers, such as tenants.
- Negligent care and maintenance are provided to the property by the defendant. A victim can prove negligence without showing that the defendant violated a protective law or rule.
- The victim suffered an actual injury. If so, they may also seek compensation for non-tangible damages such as mental distress or suffering.
- The victim is injured due to the negligence of the defendant.
Settlement negotiations are usually the next step if the defendant is responsible for the harmful location. Settlements involving premises liability cases can add up to substantial sums.
You most likely need a personal injury attorney if you have been injured on someone else’s property. You may also require the services of a premises liability expert to reconstruct the accident and discover who was guilty. However, you don’t need to worry about its overall costs because if you lose a case, you won’t pay anything.