More About Premises Liability
How to Apply for a Premises Liability Claim
According to premises liability law, landowners and store owners can be held legally responsible for an injury accident occurrence that happens on their property. Instances in which a premises liability claim could be made include accidents that were caused by negligence or improper maintenance of some sort. For example, uneven pavement that causes a person to trip and fall or an unmarked liquid spill that leads to a person's slip and fall accident could be reasons to take legal action. From insufficient lighting; to falling objects; to obstructed pathways; failure to sufficiently provide a safe environment for visitors, employees, etc. could cause a property owner to be legally responsible for the accident victim's personal injuries.
Not all accidents on another's property will be grounds for a premises liability claim. There are certain conditions of the property that must have existed on the property in order for a valid claim to be made within the legal system. The best way to ensure that your accident is one that qualifies for this type of legal action is by acquiring the services of a professional personal injury attorney that can evaluate your accident and help you move forward to discover if you have a legitimate case.
When determining whether or not your accident and injury is one that qualifies for a premises liability claim, you will need to be aware of the following criteria. First, the defendant against whom your claim is being made must technically possess ownership and or control of the land or premises on which you were injured. Second, as the victim you must have been legally on the premises on which you were harmed. It is uncommon; but possible for trespassers and even criminals to make viable premises liability claims. Finally, you must be able to prove that negligence was the cause of your accident.
Using the evidence discovered in your case, it must be proven that the defendant / property owner failed to maintain his / her premises in a reasonable and safe condition. This is usually the most important element of a case, because without this piece of evidence no premises liability claim viably exists. Land owners are expected to properly maintain their property, keeping it free from hazardous materials and dangerous situations that could be a foreseeable cause of harm to persons on the property. Only when our lawyers can determine that the defendant violated his or her duty to promote safety and maintain safe premises can you have the opportunity to be successful in your premises liability claim.
Conditional Circumstances: Trespassers and Children
In some cases, it will be more difficult to prove a premises liability claim. As mentioned above, a trespasser that is injured while on another person's land will have a much more difficult time justifying his / her claim. One of the primary requirements to making a claim of this nature is proving that you were legally on the premises on which your accident and injury occurred. Trespassers are unable to meet this requirement, significantly impacting their ability to adequately make a claim. However, in some cases the law may still permit their claim such as in those instances in which no sufficient warning was given as to the dangers on the property. If the property owner sets a deadly trap to harm trespassers, the property owner can be held liable for harm caused to the trespasser. If the owner of a property has knowingly created artificial conditions that could otherwise be considered as hazardous or unsafe, they are legally obligated to warn visitors - and trespassers - of said conditions. Failure to do so could result in a legitimate premises liability case. Children have certain rights to be protected from dangerous conditions on property that are not possessed by adults. The child may not have the mental capacity to recognize the danger.
It is the duty of the possessor of property to provide sufficient warning of potential dangers and hazards if she / he has any reason to foresee that a child could enter the premises and not be able to appreciate the dangerous condition that may exist such as toxic materials, uncovered pits, machinery, or unprotected live electric current, If the conditions of a person's property are ones that could potentially cause serious bodily injury or possibly even death there must be adequately warning of the dangers - especially if children can be reasonable expected to wander onto the property. This is the legal concept of, "Attractive Nuisance", which holds a landowner responsible for dangerous conditions on their property that attract children to enter the property, such as bodies of water with submerged rocks and toxic chemical contents. In fact, property owners of said conditions are required to take immediate action to alleviate the situation as quickly as possible to avoid injuries to children.
Obtain Trustworthy Counsel to Protect Your Best Interests
An injury that resulted from an accident that took place on the premises of another is one that can often form the basis of a premises liability claim. This is usually accomplished with the help of personal injury professional, since we know best how to address these matters in and out of court. Even if comparative fault is used against you (claiming that you may be partially to blame for the injuries you sustained while on another person's property) we know the appropriate means to protect your legal rights and strive to provide you with the compensation appropriate for your case and allow you to concentrate on your recovery. The sooner that you contact Attorney Regar at our office, the sooner we can go to work on your behalf. Don't delay in making the phone call today!