Learn More About Premises Liability
Accidents happen, but personal injury victims shouldn't assume that there's only bad luck to blame. When accidents occur on another person's property, in a commercial building, or sometimes even in a public place, there's often an element of negligence involved. The property owner or municipal authority responsible for keeping the area safe may not have done their job, leaving that person open to a premises liability lawsuit.
What Is Premises Liability?
The concept of premises liability comes into play in a certain type of personal injury case. More specifically, when a person suffers an injury as a direct result of a property owner's failure to provide safe conditions, premises liability laws allow the victim to hold the negligent party accountable. Both property owners and visitors to commercial establishments, apartment buildings, and municipal facilities need to know about premises liability, so read on to find out more.
Common Types of Premises Liability Claims
When most people hear the term premises liability, they immediately think of slip-and-fall cases, but premises liability laws apply to a broad category of personal injury claims. If a property owner, manager, or landlord behaves negligently and their actions lead to an accident that causes a personal injury, the accident victim may have grounds to file a claim. In addition to slip-and-falls, some of the most common examples of premises liability claims include the following.
Dog Attacks
In many cases, dog bites or attacks fall under premises liability laws. If a dog is aggressive, is not trained, and is not properly restrained, and those factors lead the animal to bite someone who has been invited onto a residential property, the dog owner may be held liable for any damages caused by the attack.
Negligent Security
Commercial property owners may be held liable for damages under local premises liability laws if they fail to provide adequate security and an invited party suffers an attack or robbery as a result. It's relevant to note here that proving negligence is easier if a similar incident has happened on the property in the past.
Exposure to Toxic Substances
The best-known example of premises liability claims involving exposure to toxic chemicals is asbestos poisoning. However, if a property owner exposes a person to other toxic substances such as solvents, mold, or pesticides, that individual may be held liable for any resulting injuries. Property owners are considered negligent if they don't follow relevant laws regarding the safe storage of substances.
Lack of Maintenance
Building elements can be dangerous if they aren't maintained. Premises liability claims related to a lack of maintenance may involve elevators, appliances, or even light fixtures. An especially dramatic example is one of an elevator dropping suddenly because it hasn't received routine service, resulting in injuries to its passengers.
How to Prove a Premises Liability Case
Every premises liability case is a little different. However, there are always four things an injured party must prove.
The defendant was negligent in fulfilling that duty of care.
The plaintiff suffered material harm as a result.
The harm caused to the plaintiff was reasonably foreseeable given the defendant's negligence.
Hire a Lawyer
There's no need for the average person to understand all the ins and outs of premises liability laws. Accident victims just need to know enough to identify a potential claim and seek an attorney's help. A personal injury lawyer provides assistance with all the details.
