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Involved in a Premise Liability Case?

Premise liability law refers to the legal principles that hold landowners and tenants responsible when someone enters their property. And that someone gets hurt because of dangerous conditions. Almost always, negligence is at the heart of a premises liability claim. Although the doctrine may apply differently than it is in other personal injury situations. The primary source of premises liability law states case precedents (known as “common law”). State statutes, municipal ordinances, and local building codes may also be relevant.

premises liability attorney, roxell richards injury law firm, personal injury defense, slip and fall accident lawyerSlip and falls are the most common type of accidents resulting in premises liability. Causes include wet floors, snow and ice, obstacles without signages, faulty stairs, and other such dangers. Lawsuits can also result from injuries from vicious animals, open swimming pools, broken elevators, or violent customers or guests. To obtain compensation, plaintiffs may file suits against owners, landlords and other entities that control or possess the property where the accident took place.

Traditional Approach According to Entrant Status

When deciding who is at fault in a premises liability case, some courts look at the nature of the plaintiff’s injuries. This character is in one of three ways, according to the reason he or she was in the land. “Trespassers” are plaintiffs without an invitation. The term “licensee” is to describe social guests and those who were in the land for their own purposes. The term “invitee” is for people who have an invitation into a private space for the purpose of furthering the landowner’s goals, such as paying consumers. However, different populations receive different degrees of safety.

However, under this traditional approach, landowners usually have no legal responsibility to keep trespassers safe. But there is an exception if the owner had an idea that trespassers were present, without warning them about the hidden and dangerous conditions. With respect to licensees (guests), landowners have a similar duty. They must warn about dangers that people coming onto the land are unlikely to discover on their own. Invitees (customers) have the most protection. Therefore, landowners must inspect the premises and ensure they are safe for these individuals.

Court Decision

When deciding who is at fault in a premises liability case, some courts look at the nature of the plaintiff’s injuries. There are three groups depending on their motivation for entering the land. A “trespasser” is a plaintiff who was on a property without permission. “Licensees” are social guests and other people who were in the land for their own reasons. While those who were on the land to further the purposes of the landowner, such as business customers, are “invitees.” Each group has a different level of protection from harm.

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Under this traditional approach, landowners usually have no legal responsibility to keep trespassers safe. However, there is an exception, if the owner had an idea that trespassers were present, without warning them about the hidden and dangerous conditions. With respect to licensees (guests), landowners have a similar duty. They must warn about dangers that people coming on the land are unlikely to discover on their own. Invitees (customers) have the most protection. Certainly, landowners must inspect the premises and ensure they are safe for these individuals.

Hiring a Premise Liability Attorney to Pursue or Defend a Claim

Also, because premises liability law differs from state to state, victims should ask for advice from a local premise liability attorney. If you have injuries after being on another person’s property, you might be eligible for compensation. But it would help if you act quickly to meet the time deadlines for filing a claim. Schedule a consultation with our premise liability attorney, Atty. Roxell Richards, today!

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