An Overview Of Premises Liability And Who Is Responsible For It
The legal principle known as “premises liability” is one that generally plays a role in situations involving personal injuries in which the victim was hurt as a result of a dangerous or defective condition that existed on the property of another person.
The majority of claims involving personal injuries are founded on negligence, and instances involving premises liability are not an exception to this rule.
In a lawsuit involving premises liability, the individual who was hurt must demonstrate that the landowner was negligent in their ownership and/or management of the property to have a chance of winning the case.
In most cases, negligence indicates that the owner of the property did not exercise the level of reasonable care that should have been used in conjunction with the property.
It is essential to keep in mind that just because you were hurt on the property of another person does not automatically entail that the owner of the property was negligent.
In addition, even the fact that the property may have been in a dangerous condition is not sufficient evidence that the owner of the property acted negligently in any way.
You have to demonstrate that the owner of the property knew, or should have reasonably known, that the property was in an unsafe condition; but, despite this knowledge, they did not take the appropriate actions to correct the problem. Such cases call for a personal injury lawyer in California, who can support the victim.
Types of visitors in a premise
Some states still use an archaic rule that can constrain the landowner’s duties based on the condition of the visitor, even though many states now require the owner to take reasonable precautions in ownership and upkeep of the property concerning all persons who may well enter onto the property.
Invitee: Anyone who is granted either explicit or implicit permission to enter a property is considered an invitee. Guests typically consist of close associates such as friends, family, and neighbors.
Historically, a landowner’s obligation to an invitee included using reasonable care in ensuring the safety of the property.
Licensee: A licensee is a person who enters the private property with the express or implied authorization of the proprietor for the licensee’s purposes. People like salespeople are common examples of licensees. Typically, a landowner’s obligation to a licensee has been limited to providing notice of hazards that pose an undue risk of injury.
Trespasser: When someone breaks the rules and enters private property without permission, they are considered a trespasser.
In the past, landowners had no responsibility to trespassers except if the
Types of premises accidents that are common
● The injured party sustained their wounds on property that was owned or occupied by the defendant. Even if a company owner leases space from an existing establishment, such as a shopping mall, they may still be held liable for accidents that occur on the grounds.
● Negligence (which means “carelessness”) in the defendant’s care and upkeep of the property. The victim need not prove that the defendant disregarded any safety laws or regulations to establish carelessness.
● Actual physical harm was done to the victim. In that case, they might potentially sue for compensation for non-economic losses, such as emotional distress.
● The victim’s injury was brought on by the defendant’s carelessness.
Types of injuries one succumbs in a premises accident
● Slip and fall: This happens to be one of the most common types of premises accidents. If severe injuries are received by the victim, he/ she can easily choose to opt for a slip-and-fall accident lawyer for extracting the deserved compensation for their losses.
● Dog bite accidents: This can be considered another common type of premises accident injury. Statistics have shown that about 4.5 million U.S. citizens become a victim of such kind of an accident every year. If you are faced with such a situation, you can easily choose to hire an attorney and file a compensation lawsuit.
● Construction site accidents: Construction sites are one of the most dangerous premises where injuries of the workers are very common. What’s worse is, at such premises, the workers and the passerby are both at risk.
How can you claim a successful recompense?
You have to be able to demonstrate that you were hurt for your premises liability claim to be successful. You can count on your health records, the testimony of a medical expert, your testimony, images of your injuries, and other such evidence.
You have the right to file a claim for compensation for your medical expenditures, lost wages, distress, suffering, and any other typical type of damage. For your convenience, you can choose to hire a Los Angeles premises liability attorney who would support you to claim a successful recompense lawsuit.
There must be proof of causation to file a personal injury lawsuit. You may be able to win a personal injury lawsuit without demonstrating that the opponent was entirely at fault. If the defendant is a government agency, however, the standard of liability changes from comparative to contributory, meaning that the plaintiff cannot recover damages if they are even slightly at blame.
If the defendant is a government agency, you must show that its actions were wholly or mostly responsible for your damages. The defendant may be exonerated from responsibility even if their negligence caused their injuries if they can prove that such injuries would have occurred even if they would have taken reasonable precautions.
Useful Related Article: Know Your Legal Rights When You Injure Yourself At Work?
