Do you or a loved one have fallen, slipped, or fallen on the property of a company? Did you suffer injuries because of it? Did your landlord fail to make sure that common spaces are secure for everyone in the tenants? In these situations and many more an attorney for premises liability will help you obtain the amount of compensation you require to cover your medical bills and related expenses resulting from accidents.
But, many don’t know what a premises liability attorney can do or what benefits they can bring. They are highly skilled legal professionals who will ensure that you get the maximum settlement from your case. Since the time you have to get this amount is short, it’s a good idea to talk to a highly-qualified premises liability lawyer as soon as you can.
What Is Premises Liability?
In simple terms, it is a legal term that means any business or property owner is obligated to ensure that their premises are safe for use or use reasonably. “Within reason” is the term used to mean that it is used for the purpose intended and that the property will be utilized by the people intending to use it. For instance, if a criminal enters a property and the owner isn’t required to make sure that their property is accessible or secure enough for the burglar.
If the business is accessible to the public view, then the business owner or the company is accountable for ensuring that people can safely travel into and out of the premises. Premises liability can be a factor in a wide variety of accidents that happen on business or public premises. These accidents can also happen at the premises of a business or individual, for instance, rental apartment buildings and different rental buildings. The importance of premises liability is that it impacts who can be held accountable for an accident and who’s responsible for the costs if someone suffers injury as a result of an accident.
Types of Accidents Affected By Premises Liability
A variety of types of accidents can involve the liability of the premises, including but not only:
- Accidents result from slips and falls.
- Falls and trip accidents.
- Accidents and injuries in the pool.
- Animal bites and/or accidents.
- Ingestion and/or poisoning accidents.
- Accidents at the scene of a burglary.
In simple terms, an individual or business may be liable for property liability if they are notably negligent in their responsibilities and that negligence led to an accident or injury. Here are some instances of incidents that fall under the umbrella of premises liability
- A patron enters a restaurant and there isn’t a wet floor sign indicating the wet floor at the time they enter. In the process, the customer slips and gets an injury to their hand. In this instance, the owner of the business is likely to be held accountable for the injuries as they should have provided an appropriate sign-up for wet floors to avoid this type of accident.
- An apartment owner is aware that a certain stairway is in a poor state. If they fail to fix the stairs, the landlord could likely be held accountable for any damages that occur should the tenant is injured when climbing the defective stairway.
- A retail store is open to the public following an ice storm. The store is unable to clean up the ice and snow in the entrance area and also put up warning signs to warn potential customers. Then, a person walks up to the front door and slips onto the ice, and fractures the bone. In the event of this, the store could be held accountable for any damages suffered by the customer.
Injuries from Premises Accidents
The consequences of injuries resulting from accidents at work are likely to vary greatly. They may include but aren’t restricted to:
- Broken bones, most often due to slips or tripping, and falling.
- The result is cuts or lacerations like dog bites or cuts, for example, from cutting oneself in the glass.
- Acute bruising, both external and internal.
- Herniation (e.g. vertebrae).
- Dislocations (e.g. leg, shoulder arm).
- Traumatic head injury (TBI).
- Spinal injuries can cause paralysis.
No matter how severe, these injuries can result in significant medical expenses. People who suffer injuries caused by premises-related accidents might be able to file a premises liability lawsuit against negligent or at-fault defendants.
Are All Premises Accidents Subject To Premises Liability?
No. The mere fact that you’ve had an accident at a workplace or personal property that is owned by a third party is not a guarantee that premises liability is applicable. For example, if a restaurant employee mops the restaurant’s floors and puts up a wet floor sign properly, they are protecting themselves from premises liability. Accordingly, if a person deliberately ignores the wet floor sign and still slips and falls, they may not have grounds for a successful lawsuit. The majority of premises liability lawsuits are based on the proof of the negligence of the other party.
Defining Negligence and Premises Liability
In short, in the simplest sense, negligence is a legal word that indicates an individual or organisation had an obligation to the public or an individual. The first party then failed to fulfil its obligation, whether intentionally or intentionally. A third party then suffers because of the carelessness of the initial party. For example, public businesses are required to fulfil an obligation to their customers as well as people in general to make sure that shopfronts or workplaces are secure. If they fail to maintain their premises safe for business it is considered to be negligent.
Another typical example of negligence is driving safely. When you enter an automobile, you are under the legal obligation to be safe and ensure that you do not cause harm to yourself or other motorists. However, if you drive while under the influence of alcohol, as an example, you’re not doing your duty and are recklessly negligent. While a lot of premises liability lawsuits seem straightforward the process of proving negligence may be harder than you’d think. That’s among the principal reasons why a skilled premises liability lawyer could be advantageous to you.