What Is Premises Liability and How Can a Lawyer Help Prove Your Claim?

Premises Liability

The property owner can face premises liability if he or she does not remove dangers in the house or on the land that can lead to injury. Generally, this only applies to someone invited onto the property, customers or clients of commercial property, younger trespassers or legal guests of the owner. This requires that the owner either warn, remove or take action against a danger that is both reasonable and helps to reduce accidents. These hazards can include fires, equipment, swimming pools, animal and criminal incidents and even security issues. Premises liability and personal injury claims often work hand-in-hand.

Proof for the Injured Party

The person involved in a premises

liability claim has certain elements he or she must prove to the court or through a settlement claim. This normally includes the actual injury caused by someone that owns, occupies or leases the property. The defendant generally must engage in negligence which causes the injury. The victim must prove he or she suffered harm and that the negligence is the cause of the injury or was a substantial factor to the bodily harm sustained. Some incidents involve the standard negligence case where there is a duty of care owed, with a breach that leads to the harm inflicted.

Liability with the Property

The first thing that is necessary for a premises liability claim is that of the owner, occupier or the leaser of the land or building where the injury occurred. The plaintiff must prove that the defendant owned, occupied or leased the property at the time of injury. There is a clear responsibility in inspecting the land or house to ensure it is free from hazards and in working conditions to prevent injury. However, the owner may lease it to another that has control of the building during the bodily harm incident. The landlord could sell the building but own the land. It is important to know the difference and how it can harm or help the case.

Negligence with Premises Liability

The plaintiff must also prove that the property owner was negligent at the time of injury. This requires accountability for preventing dangers from harming others through maintenance of the property, replacing dangerous equipment, lighting the land or building appropriately or even quarantining the danger temporarily. Some owners may warn others and place signs up that there is a hazard. Then, the courtroom will look at reasonably foreseeable danger versus the actual injury that occurred. If the plaintiff knew of the problem but progressed anyway and suffered injury, he or she may not have the proof necessary to hold the defendant for negligence.

The Help of a Lawyer in the Premises Liability Claim

One of the most important aspects of help that the lawyer can provide in a premises liability claim is that of proving negligence. This action requires holding the property owner responsible for the danger and the injury. Though the injury may have been unintentional on the part of the owner, he or she will retain the responsibility to pay for damages incurred when the hazard exists and was not taken care of before the incident. This also requires what reasonable measures the property owner took to lessen the possibility of danger and injury compared to what an average person is capable of in the same situation.

The lawyer may also need to prove that the plaintiff was not a trespasser on the property at the time of injury. He or she would need to be an invited person, a guest or a customer of commercial property. Any other exceptions in the state usually only apply to a minor harmed while on the land or in the building. By removing the classification as a trespasser applied to the plaintiff, the lawyer can increase the chances of a possible success in certain cases.

The Legal Professional in a Premises Liability Claim

The client will need the services of a lawyer to investigate the claim, injury and danger that caused the problem. This representative can also present the argument to the courtroom or seek to negotiate a settlement with an insurance company or the defending party.
Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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