If you entered somebody else’s property and became injured due to a hazard on the property, you may have a claim. A property owner needs to take full responsibility of maintaining a relatively safe environment to prevent injury to visitors. Slip and fall is a popular premises liability action that could fall under the legal theory of premises liability that holds property owners and residents liable for accidents and injuries. However, there are many other types of premises liability claims as well. Liability is actually determined by laws and procedures of the specific state in which you reside.
Various Visitors to a Property
- Invitee: This is someone who has a landowner’s express to implied permission to be on their property. An invitee is usually a person like a friend or a neighbor, and they are owed a reasonable duty of care with a safe property.
- Licensee: This is someone who has the landowner’s express or implied permission to enter the property, but comes by his or her own standards. They are typically people like a salesman. They licensee should be made aware of dangerous conditions if the landowner knows about the condition, or if the licensee is not likely to be able to discover it.
- Trespasser: This is someone who has no authorization to be on the property. However, if the trespasser just so happens to be a child, then the landowner owes a duty to exercise reasonable care to avoid a risk of harm to children with things like swimming pools.
What is Comparative Fault?
Comparative Fault deals with a situation where both parties are at fault. This is a commonly used limitation due to the fact that a visitor obtains a duty to exercise reasonable care for his or her own safety. When that care is not exercised, a plaintiff may only be able to receive limited recovery for any injuries sustained. The injured person’s legal damages, in a comparative fault case, will be reduced by a percentage that is equal to his or her fault in the incident.
Most Common Premises Liability Cases
- Slip and Falls
- Snow and Ice-related accidents
- Inadequate maintenance of the premises
- Defective conditions on the premises
- Dog bites
- Amusement park accidents
- Water leaks or flooding
- Toxic fumes or chemicals
Cases Involving Inadequate Building Security
Cases involving security issues typically take place in an apartment or office setting. If somebody takes ownership over one of these buildings, that means that they are accepting the fact that they are supposed to act reasonably in securing access to their building. This could be through the use of installing doormen or security guards to look over the premises. Consider a situation in which a burglar walks through unlocked doors in a building and kills or injures someone – the person injured or the family of somebody killed could bring on a lawsuit. They will probably have a decent outcome due to the fact that the building owner didn’t take the necessary steps to secure the building.
If you believe you have a premises liability case, you should always speak to an experienced attorney. Premises liability, like many cases, follows a very complex law that may not be so easily understood at first glance. Put your trust into an attorney that has the knowledge necessary – call MDL today for a free consultation!