Explaining Premises Liability Cases
As one of the most complex and confusing areas of the law, premises liability cases involve a person’s injuries, illness, or death that was sustained while on public, private, or government property. If you were injured in a similar case, do not wait to speak to a legal professional right away.
Premises liability is a broad area of the law that encompasses all types of injuries sustained on another person’s property due to the property owner’s negligence or failure to maintain reasonable care of their own property. The responsibility of “reasonable care” is placed upon a person in a position of management, such as a manager or a property owner. As the owner of the property or the individual in charge at the time, he or she is expected to ensure that every square inch of the property is free of hazards and potential dangers.
Dangers and hazards can include objects such as broken stairs, broken handles, holes in the floor, loose ceiling tiles, or a slippery surface, among many others. When talking about premises liability cases, reasonable care is defined as a property owner’s obligation to the safety of their guests to provide a hazard-free premises at all times and to be aware of all dangers that may be present. All of the following are viewed when determining whether the property owner provided reasonable care to their property:
Whether the injured party was a guest, invitee or a trespasser;
If the dangers were foreseeable;
If the property owner took the initiative to repair or warn guests of these dangers; and
How long the property has been damaged and if the property owner had previous knowledge of the alleged danger.
When premises liability cases occur, such as a slip and fall accident, dog bite injury, swimming pool drowning, or a security negligence incident, an investigation will most likely be conducted on both the end of the victim’s personal injury attorney and the owner or management of the property. All aspects of the incident will be taken into consideration, given that the evidence is still present. Whether poor lighting led to an accident or uneven pavement caused serious injuries to a person, the premises liability case that surrounds the incident will be extremely complex.
Premises liability law is one of the most difficult areas of the law because the evidence can disappear so quickly. It is important for an injury victim to take pictures of the evidence and gather witness statements, if possible. Collecting this information as soon as possible will greatly benefit the case, especially because everyone’s version of the incident may soon become altered or distorted, and a property owner may even dispose of the dangerous object on their property.
It is important that you speak with an experienced attorney about your premises liability case as soon as you have received medical treatment. The expense of medical bills, loss of wages, and rehabilitation will begin to pile up and soon be out of control if you are not provided with the much-deserved compensation you need. If you have been injured on another person’s property due to their failure to keep the property safe, talk to a personal injury lawyer today.
ABOUT THE AUTHOR: Law Offices of Steven Laynas
At the Law Offices of Steven Laynas, the team of Philadelphia personal injury attorneys has over 30 years of legal experience and handles all types of personal injury, car accident, medical malpractice, and nursing home abuse cases. If you have been injured due to the negligence or irresponsible actions of another person, this firm is here to help protect your rights and advocate your future. With so much experience, the personal injury lawyers at the firm have a solid grasp on all aspects of personal injury law and can provide you with a free case review to help you understand the benefits of having an attorney on your case. To learn more about your right to recover financial compensation for your injuries, contact a Philadelphia personal injury lawyer today.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.