The civil justice system protects the rights of the injured and the wronged by providing avenues for them to hold negligent parties accountable. If you or someone you love has been injured while on another’s property, you might have the right to recover compensation for your damages, depending on the circumstances involved. In order to do so, there are certain legal standards to be met. These standards are shaped by the legal concept of premises liability.
Personal injury cases are centered on negligence that causes injury. In premises liability cases, the same standard applies. However, it is reserved specifically for cases where victims are injured on another’s property, typically as either visitors or guests.
If you have reason to believe you might have a premises liability claim, it’s important to know a few key things:
- Premises Owners Have a Legal Duty – Most premises owners have a legal duty to take reasonable measures to make sure that their properties are safe for visitors and guests and that they are free from hazards that could cause preventable harm. Not all premises owners owe this duty to certain parties that come on their property, however, so it’s important to have your case evaluated by an attorney to make sure that a duty did exist.
- Premises Owners Can Be Held Responsible – Premises owners can be held responsible under premises liability laws if they fail in their legal duty to provide reasonably safe conditions and victims suffer injuries as a result. However, you should note that just being injured on another’s property doesn’t mean that a property owner can be held responsible or that you have a claim. In order for a claim to have merit, the conditions must have been the result of negligence, such as if a property owner knew, or should have known, about a potential danger but failed to address it.
- Your Right to Compensation – If a property owner was negligent in the maintenance and upkeep in conditions of their premises, you might have the right to recover financial compensation for your damages that resulted from your injury, including any medical bills, lost wages, pain and suffering, and more.
- Common Examples – The following examples can help illustrate premises liability and provide you with examples of situations where victims commonly file valid claims: slip and fall accidents, exposure to toxic chemicals, dog bites, negligent security leading to third party assaults, defective equipment or conditions that cause injuries, and failures to warn about dangers such as holes.
All cases are unique, and our legal team at Boswell & Dunlap LLP can help you better understand your rights and whether you have sufficient grounds to file a premises liability claim during a FREE consultation. Contact our firm today to speak with a member of our team.