Premises Liability Law: How Does it Work?
There were over 47.2 million reported injuries in 2017. And it’s not uncommon for these injuries to occur one someone else’s property.
According to premises liability law, it may be the property owner’s responsibility to compensate you for your injuries. However, not everyone understands how these laws work.
Not sure where to start? Don’t worry, we got you covered.
Let’s take a look at everything you need to know about premises liability law.
So… What Is Premises Liability?
Put simply, premises liability is the property owner’s obligation to ensure that their property is safe.
But, it’s not quite this straightforward. The key factor that plays a role in property liability cases is negligence, meaning that the property owner must be aware of (but fail to fix) a dangerous situation.
For example, the owner of a building could know that there’s a loose floorboard in the lobby of the second floor. Rather than repair it, he pushes it off to take care of later.
One day, a client steps onto the board and injures their ankle when the board snaps.
This is a scenario that involves explicit negligence.
Regardless of whether the blame is evident at the time of the injury, you should get in touch with a competent legal professional to discuss your options.
What Are Common Types of Cases?
Since personal injury cases involving premises liability are so conditional, they vary from scenario to scenario.
But, there are a handful of common situations that victims of personal injury experience. These include:
- Slips and falls with no warning sign was present
- Poor maintenance of equipment or property (such as a door, floor, etc.)
- Injuries from dog bites
- Health complications caused by unsafe chemicals
As previously mentioned, the property owner must be negligent of the property conditions in order to be held liable.
So, in the above cases, the property owner must know an aggressive or dangerous dog is on the property and ensure it is secured when people arrive.
Similarly, they must be aware of the presence of harmful chemicals and forgo options to fix the situation.
When Is The Property Owner Not Liable?
Even if you’re injured on someone else’s property, you’re not always entitled to compensation.
If you’re trespassing on someone’s property and end up hurt, it’s not the property owner’s duty to compensate you because you weren’t authorized to be there.
The owner is also not liable if they were unaware of the issue.
If someone renting a home from a landlord notices a structural issue but does not tell the owner about it (or attempts to fix it themselves), the owner can’t be held liable.
This also applies to situations where the owner attempted to fix the issue, but it reoccurred in the future. Since they weren’t negligent in resolving the problem, the blame doesn’t fall on them.
Understanding Premises Liability Law Can Seem Difficult
But it doesn’t have to be.
With the above information about premises liability law in mind, you’ll be well on your way to getting the compensation you deserve.
Want to learn more about what to do after you’ve been injured? Make sure to check out the rest of our blog!