Premises Liability is a legal concept of personal injury cases that is caused by unsafe, defective, or negligent conditions of someone else’s property.
To win a premises liability case the injured must prove that the owner of the property was negligent in maintaining the care of his property. In addition, the property owner must be aware that the condition of his property was unsafe and failed in making the property safe.
Types Of Injuries In Premises Liability Cases
- Snow & Ice Accidents
- Slip & Fall
- Inadequate Maintenance On The Premises
- Inadequate Building Security Leading to Injury or Assault
- Defective Conditions on The Premises
- Elevator & Escalator Accidents
- Dog Bites
- Swimming Pool Accidents
- Amusement Park Accidents
- Toxic Fumes or Chemicals, and
- Water Leaks or Flooding
The Owner’s Duty of Care on His Property
Many states follow a set of guidelines that execute a reasonable care in ownership and maintenance of the property with respect to anybody that enters the property. Still, other states use an old rule that can limit the owner of completing the duties on the property depending on the status of the visitor.
In those other states, all the visitors of the property are divided into three categories:
- Licensees, &
An invitee is someone who has permission from the property owner to enter the premises. Invitees are usually friends, relatives, and neighbors of the owner. The property owner owes an invitee the duty of reasonable care of the property for the invitee.
A licensee is someone who has the owners express or implied permission to enter the premises. Licensees are usually salesmen. The owner of the property owes the licensee a lesser degree of care than that of an invitee. Licensees are only given a warning of the dangerous conditions that can create a risk of harm if:
- The Landowner Knows About The Condition &
- The Licensee is Not Likely to be Able to Discover it.
A trespasser is not authorized or has permission from the owner to enter the property. Property owners do not owe any duty of reasonable care of the property unless the trespasser were a child.
Then the owner has the duty to exercise reasonable care of the property to keep children away from harm.
Premises Liability cases can be pretty confusing when it comes to what state you live in but they don’t have to be. Contact the Lawyers at Adley Law Firm and they will gladly help with your case.
Different Kinds of Premises Liability Cases
Slip and fall is the most common premises liability cases. It usually occurs when someone slips, trips or falls on an owners property. Common conditions that occur with a slip and fall are:
- Accumulation of Ice or Snow
- Defective Staircases
- Wet Floors
- Oily Floors
- Hidden Extension Cords
- Unsecured rugs or Carpets
- Thresholds, &
- Loose or Broken Floors, Sidewalks, Steps, or Stairs
Inadequate Building Security cases usually take place in apartment buildings or offices. Property owners of the buildings owe a reasonable duty of care to its tenants. That is why most large apartment buildings and offices have doormen or security guards on the first floor. In small apartment buildings the tenants are required to lock their front and back doors. Even with all these precautions accidents still happen. If someone breaks in, assaults or kills a tenant then that person has a premises liability case against the owner of the building but only if there is proof that the owner did not take reasonable steps to secure the property.
Swimming pool accidents usually involve children who are not supervised and if the pool is not secured. This is why most states and municipalities have laws in place that require swimming pools to have fences around the pool and with a locking gate. If someone fails to lock the gate of the pool and leaves the pool unguarded then they may be liable for a premises liability case.