Featured News 2012 What You Should Know About Premises Liability

What You Should Know About Premises Liability

From dog bites to slip and falls to insufficient security to structural defects, there are countless hazards that people face when owners do not adequately look out for the safety of those on their property. Premises liability law simply refers to the responsibility of a property owner to reasonably look out for the interests of people on their property.

Under this law, there are three types of people that are protected: invitees, licensees, and trespassers. An invitee is someone who was on the property for commercial reasons. This could be the patron of a retail store, someone eating at a restaurant, or a visitor of an amusement park. Invitees are usually owed the highest duty of care as they were "invited onto the premises" in order to conduct business. The second group of people who may be owed the same duty of care or a lesser amount, depending on the state laws of the local area, is licensees. This refers to people who are present on the property of someone else for non-commercial reasons, such as a social guest.

The last group of people is trespassers. It may come as a surprise to learn that if a trespasser was injured while on another's property, they could actually sue the owner. However, owners are responsible for warning of dangers on their property, like electric fences or quicksand. For example, if a child wanders onto their property without permission, all the dangers should have been reasonably warned or, covered up, or fenced off. However, whether they were a child or other trespasser, they are owed the lowest duty of care than any other group.

If you believe you have a premises liability case, there are three aspects of your case that you will have to prove. The first is that the owner owed you a duty of care, which they will if you fall into any of the above mentioned groups, invitees, licensees, and trespassers. The second aspect of your case that must be proved true is that the owner breached that duty of care. These breaches could range from a poorly-maintained environment to a defective staircase to uneven pavement to falling debris to failure to warn concerning a danger to a slippery surface. Lastly, that breach must have caused an injury to the person.

One of the most common types of premises liability accidents is slip and falls. Although this may not seem like a serious issue, it can actually lead to devastating injuries. If a floor has uneven surfaces, patches of excessive wax, a spill, or protruding edges or bumps, it may cause the person to fall. Staircases are another culprit if they are not properly lit, if there is a missing handrail, or if there were pieces of debris or trash on the stair. Whatever the exact cause, a slip and fall can lead to sprains, broken bones, back injuries, head injuries, and more.

Another incident which many do not realize is actually under premises liability law is dog bites. Owners and caretakers of dogs are required to exercise reasonable caution regarding their pets being around other people. Every year in the U.S., there are millions of dog bite cases. Not all of these are serious, with an estimated 850,000 having to seek medical attention because of their injuries. However, depending on the extent of the medical treatment the victim needed, they could be facing expensive medical costs. No matter how serious you believe your case to be, you should contact a personal injury lawyer to discuss your case. You could be entitled to compensation for your accident.

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