Owners of a property, including non-owner residents, should work to maintain a safe environment so that people who enter their premises don’t sustain any injury. This kind of responsibility of the property owner is called ‘premises liability’. In case the owner of the property is unable to follow his premises liability and an accident occurs within his property premises, the victim may hold the property owner liable for his injuries and losses.
What types of incidents can lead to premises liability claims? Well, it can be a slip and fall accident on the pavement to an injury sustained at the local family parks. If a courier delivery person enters your home and he slips and falls due to your negligence, he may sue you for the injuries. Law firms like Albrecht Law report large numbers of slip and fall victims suing the property owners. Hence, here are some of the facts that you should know on premises liability.
Premises Liability Cases – What are the different types?
There is a list of personal injury cases that you can classify as cases of premises liability. Check them out:
- Snow and ice accidents
- Slip and fall accidents
- Defective issues on the property
- Not enough maintenance of the property
- Escalator or elevator accidents
- Swimming pool accidents
- Dog bites
- Flooding or water leaks
- Fires
- Accidents in an amusement park
- Chemicals or toxic fumes
Premises Liability and its four elements
Once you go to make legal claims, they’re broken down into a few elements that you should make you win a claim. Here are the four elements of premises liability that you have to prove in order to win a claim.
- The defendant was the owner of the property during the time of the accident and the injury. A business owner who leases the property will still bear premises liability.
- The maintenance and care of the property were not up to the mark by the defendant. The defendant may have broken a safety regulation or law, but the victim can prove his negligence without proving any violation.
- The negligence of the defendant led to the injury of the victim
- The victim sustained a tangible injury. However, he can also claim for intangible injuries like mental suffering and pain.
Status of the visitor
There are a few states that apply an age-old rule that limits the duties of the landowner based on the visitor’s status. Visitors are divided into 3 categories:
- Invitees: Someone who has the permission of the landowner to enter the property. They are usually friends, neighbors, and relatives.
- Licensees: Someone who has the permission of the landowner to enter the property but he is coming to fulfill his own purpose. Salesmen can be called licensees.
- Trespassers: Someone who is not authorized to enter the property is a trespasser. Landowners usually have no liability to take care of the trespasser unless it is a child.
Therefore, if you’re someone who is eager to stay away from PI lawsuits, you should ensure to take into account everything that you need to know on premises liability.
