Premises liability indicates the responsibility or “duty of care” of a property owner towards individuals on their property, whether residential, commercial, or in a common outdoor public area. The defendant must possess the land or "premises." The plaintiff must have been lawfully on the property as an invitee (in attendance for commercial or business reasons) or a licensee (in attendance for non-commercial and non-business reasons, such as a social gathering). A premises liability case is an umbrella term for a range of personal injury cases that occur on someone else’s property due to negligence or intentional conduct. A slip-and-fall is the most common kind of premises liability case.
What circumstances can lead to a premises liability case?
Common conditions leading to a premises liability injuries include slip-and-falls or trip-and-falls, insufficient maintenance or security, hazardous weather-related conditions on property, the presence of toxic chemicals, fires, water leaks, injuries resulting from dangerous or uncontrollable animals, escalator or elevator accidents, equipment malfunction and negligence or harassment at school to name a few.
What are some losses that can result from a premises liability case?
Some distressing effects resulting from the injuries in a premises liability case include emotional distress, loss of consortium, medical expenses, loss of income and earning capacity, aches and pains, short and long-term cognitive damage from brain or spinal cord injuries, and even death.
How do I prove a property owner’s negligence in a premises liability case?
It is the legal duty of care of a land or property owner to ensure that a premise is reasonably safe and with sufficient signage and warnings in place when it is not. When duty of care is breached (the owner did not use reasonable care to take care of a precarious situation) and the plaintiff sustains injuries as a direct result of this neglect, you may have the grounds for a premises liability case. In certain specific cases, property owners have a duty of care towards trespassers who are minors, especially if the minor is lured by tempting conditions like an unfenced trampoline or pool. If certain elements are met, you could be eligible to pursue compensation under premises liability law, so don’t hesitate to contactSingh & Rani LLP for a free, confidential consultation today. We are passionate advocates for the injured and our combined experience of over 20years ensures that you will be taken care of as diligently and quickly as possible no matter the kind of premises liability case. Our lawyers have you covered.