What Constitutes Negligence in a Premises Liability Claim?
To figure out negligence in a premises liability claim, it is important to understand who is allowed on a property and who isn’t. Visitors on properties are divided into three categories known as invitees, licensees, and trespassers. Here are the differences between the three:
Invitee: This is someone who has the landowner’s permission to enter the property. These are people who are usually friends, relatives, or neighbors. This means that the landowner may have a reasonable care of duty to keep the property safe for these people.
Licensee: This is someone who has permission to enter the property but comes by his or her own accord, such as a salesman. There is typically a lesser duty to warn of dangerous conditions that create a risk of harm.
Trespasser: This is someone who is not authorized to be on the property in any situation and no duty of care was owed, unless it was a child under special circumstances.
Will I Have a Case?
Depending on the special situation, you may have a lawsuit if you have been injured on someone else’s property due to negligence. However, there are so many different situations that this may be difficult to figure out without understanding the specifics of your case. So, to help you understand, we will focus on two of the most popular premises liability cases: Slip and Fall Accidents and Sidewalk Injuries.
Slip and Falls and Premises Liability
If a person slips and falls on someone else’s property due to the dangers of wet floors, the property owner will usually be held responsible. Commercial establishments like shops use bright yellow wet floor signs to warn people of oncoming dangers. However, if they do not abide by the laws of displaying these signs and somebody becomes injured, they will be held liable in a lawsuit. However, to fall under negligence, the employees or management must have a reasonable amount of time to discover that the floor was actually wet in the first place. Many of these accidents will end in damages for medical and chiropractic bills, out-of-pocket expenses for medications and medical supplies, lost wages, and pain and suffering.
There are some common reasons why sidewalk injuries occur in the first place. For instance, you may notice that there are uneven or raised elevations in pavement. These cracks develop over time from age, soil conditions, tree roots, weather changes, and variations between hot and cold seasons. There are also potholes, which happen when the roots of trees and shrubs force the concrete or asphalt to break apart. Ice and snow accumulation is also very dangerous, with transparency making it hard to see and acting like quicksand in many aspects to those who walk on it.
The truth is, property owners are responsible for repairing cracks, uneven pavement, and potholes located in the sidewalk that you use. Therefore, the property owner has a responsibility to make repairs and remove snow and ice to keep sidewalks clear of debris. Home and business owners have responsibilities for maintaining the sidewalks adjoining their property, and municipalities are responsible for every other sidewalk that is not adjoining private property. These government owned sidewalks must always stay safe of debris and defects that could end in injury.
Do you have a case due to an accident that occurred on somebody else’s property? If you think you have a reliable case, you should contact an attorney you can trust today. Call Maggiano, DiGirolamo & Lizzi today to find out more about your rights.