Establishing Premises Liability

According to Centers for Disease Control and Prevention, around 46 of every 100,000 deaths are caused by unintentional injuries. These figures do not account for the non-fatal injuries sustained by the people, which can possibly affect the quality of their lives. These injuries occur mostly due to the negligence. The premises liability is one of the most common injuries sustained.

What is Premises Liability?

Premises liability refers to the legal concept that deals with the personal injury cases, where the cause of the injury is an unsafe or hazardous condition of a property owned by a person or business. However, in order to win the case, the party that has sustained injury must prove the negligence of the owner or the person in charge of maintenance of the property.

Negligence refers to the fact that the owner of the property was unable to take reasonable care of the property.

Factors affecting premises liability

The premises liability is highly dependent upon the following factors (amongst others):

  • The legal status of the visitor
  • The condition of the property
  • The actions of both the visitor and the owner
  • If the person injured is a child
  • If the person injured is a trespasser
  • When both the owner and the visitor is at fault for an injury

There are some special rules for landlords, which presumes lack of control over the property as soon as it is leased, hence protecting the landlord from potential premises liability (however, it does have some exceptions).

How to establish liability

You need to keep in mind that only because you got injured on someone else’s property does not constitute negligence. Moreover, the unsafe condition also does not automatically prove negligence. You must establish that the owner of the property was aware or should have been aware that his or her premises condition was unsafe, yet failed to remedy the situation appropriately. For instance, if someone breaks in or gain entrance and assaults a person inside the building, then that person will have a valid premises liability against the owner of the building, provided that it is proved that the owner did not take reasonable steps to secure the building.

The implications of premises injury can be severe and life-altering. Therefore, it is imperative that you consult an experienced personal injury lawyer who will work to protect your legal rights and pursue rightful compensation. Contact the team at Wright & James, P.C. to start your recovery process at 404-624-7447.

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