A Basic Guide to Premises Liability

When a person is injured on someone else’s property, he or she may be able to file a premises liability claim to obtain compensation for their injuries. Most people don’t know much about premises liability law, though, which can get in the way of accident victims obtaining the compensation they’re entitled to receive. Read on to find out about the basics of premises liability law and how they apply to both property owners and accident victims.

What Is Premises Liability?

Premises liability law details the rights and responsibilities of both property owners and invited guests. This legal concept comes into play in many personal injury cases, especially when the injuries have been caused by unsafe or defective conditions on another person’s property.

Like most personal injury cases, premises liability cases tend to be based on negligence. To win a case, the injured party must prove:

1. The property owner owed a duty of care to the injured party
2. That he or she was negligent with respect to that duty of care
3. That the property owner should reasonably have known his or her premises was in an unsafe condition
4. That his or her negligence directly caused the injury

Since premises liability law can be a complex field, it’s always best for injured parties to seek legal representation. Anyone injured as a result of a property owner’s negligence should check out Uvalle Law Firm for help.

Common Examples of Premises Liability Claims

Many personal injury claims can be filed as premises liability cases. Common examples include:

•  Slip and fall accidents
• Certain types of workplace injuries
• Swimming pool accidents
• Escalator or elevator injuries
• Injuries caused by inadequate maintenance
• Injuries caused by defective conditions
• Assault resulting from inadequate building security
• Dog bites
• Injuries caused by fires or floods
• Exposure to toxic chemicals or fumes

The Property Owner’s Duty of Care

Each state establishes slightly different duties of care for property owners. In some states, the people are expected to exercise reasonable care in the maintenance and ownership of properties with respect to any person who might visit them. In others, a landowner’s duty of care is limited depending on what type of visitor was injured.

In most states, property owners only have a duty of care to people who have been actively invited to the property, not to those who are trespassing. Visitors can be classified into three categories.

Invitees

Invitees enter the property at the explicit invitation of the landowner. They could be guests at someone’s home or customers at a store, restaurant, or another commercial establishment. Property owners owe invitees a duty of reasonable care in all states.

Licensees

Licensees also have either express or implied permission to be on the property. However, this category of visitors is on the property for their own purposes. Licensees may be salesmen, contractors, or certain types of social guests. 

Property owners owe a lesser duty of care to licensees than to invitees. They need only warm licensees of potentially dangerous conditions that could create a risk of harm, and only if the property owner knows about those dangers and the licensee is unlikely to discover them.

Trespassers

Trespassers do not have the authorization to enter the property. In most cases, property owners owe them no duty of care, though there is an exception to the rule. If a child who is trespassing on someone else’s land is injured due to the property owner’s negligence, the property owner may be held legally liable. Landowners owe a duty of care to avoid reasonably foreseeable risks to children caused by manmade structures or conditions like swimming pools even if the children are trespassers.

Burden of Proof

The burden of proof for premises liability cases falls on the injury victim. To recover compensation, he or she must prove that the defendant owned or occupied the property, that he or she breached an established duty of care, and that the plaintiff incurred harm as a result. The injury victim must also be able to prove the defendant’s negligence directly caused the injury and victim did, in fact, suffer damages in the form of medical expenses, lost income, or other material and financial harm.

Types of Damages

If an injured party can prove his or her claims following applicable state laws and guidelines, he or she may be able to recover damages. Common types of damages in premises liability cases can include:

•  Hospital bills and other medical expenses
• Lost wages or loss of earning capacity
• Pain and suffering
• Disfigurement
• Property damage

People who have lost loved ones as a result of a premises liability accident are also entitled to file claims on behalf of the deceased. They may be able to recover compensation for wrongful death.

What to Expect When Filing a Claim

The most important thing to remember about filing any kind of insurance claim, including premises liability claims, is that insurance companies are not in the business of paying out any more money than they absolutely have to. Injured parties should always speak with a lawyer before beginning negotiations with the responsible party’s insurance company. Doing so is by far the best way to get fair compensation instead of dealing with a bunch of hassles, paperwork, and laughably low payouts.

The first step is always to find a lawyer and schedule an initial consultation. Injury victims should plan to bring copies of any medical records obtained from the hospital or doctors following the accident along with all relevant information, such as the responsible party’s name, phone number and, if known, the insurance provider. Once the lawyer determines whether the injured party is entitled to file a claim, he or she can help with everything from collecting evidence to filing paperwork, negotiating with insurance companies, and more.

Hire a Lawyer Now

The best way to maximize damages received from premises liability claims is to hire a personal injury lawyer. Find a legal team that has experience both negotiating with insurance companies and taking defendants to court. In most cases, premises liability claims can be settled through negotiations, but it’s always best for injury victims to have all their bases covered.