What is Premises LiabilityWhat is premises liability? You may be asking this question because you have been injured in an accident on someone elses property and have been told that this comes under the heading of premises liability.
You would like to know what premises liability is. You would also like to know what premises liability will have to do with you being compensated for your injury.
Premises liability has to do with legal principles that hold landowners and tenants accountable when someone enters their property and is injured because of some type of dangerous condition or hazard. Therefore, whenever an accident takes place on someone elses property, it is referred to as a premises liability accident.
Variety of places
A premises liability accident can occur in a variety of places. It can take place on public property, such as a street, park or public transportation. A premises liability accident can also occur in a commercial building, like a store or office, or at a residence, such as a rental or private home.
There are several kinds of personal injury cases that come under the heading of premises liability. Some of these include:
Swimming pool accidents
Toxic chemicals or fumes
Defective conditions on the premises
Slip and fall accidents
Flooding or water leaks
Snow and ice accidents
Amusement park accidents
Inadequate maintenance of the premises
Inadequate building security that results in assault or injury
Escalator and elevator accidents
As you can see, even dog bites come under the heading of premises liability because they have to do with an unsafe condition on a persons property (a potentially dangerous dog).
Slipping, tripping or falling, being hit by an object, having an object fall on you, being assaulted or burned are some of the things that can occur in a premises liability accident. These types of injuries usually result from poor maintenance, shoddy construction or building materials, faulty design or dangerous clutter.
An important thing to remember is that just because you are injured in an accident on someone elses property, it does not necessarily mean that the owner of the property is liable or negligent. In addition, even though the property has a hazard or some kind of dangerous condition, this does not always mean that the owner is negligent.
To be compensated
In order to be compensated for your injury when it comes to premises liability, you will have to prove that the owner of the property was negligent in regard to maintenance and/or ownership of the property. What this means is that the owner did not use what is referred to as reasonable care in regard to the property, and this was what was responsible for the accident and your injury.
You should know that premises liability laws vary from state to state. This will play a major role in what it will take to win a premises liability claim.
You should also know that premises liability claims are not easy to win. It is often difficult to prove who is at fault. The wise thing to do is contact a personal injury attorney and have your case evaluated at no cost or obligation to you. A personal injury attorney will know whether it is in your best interests to pursue a personal injury claim.
Article written by James Shugart
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