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What is Premises Liability?
This concept covers any instance when injury results from unsafe or defective conditions on someone’s property, including homes and businesses. It can also apply to tenants of a rental property depending on the situation.
Some examples of premise liability are:
- Security-related issues
- Unsafe escalators, elevators or staircases
- Unsafe structural conditions, such as a ceiling collapsing
- Animal bites or attacks
- Inadequate maintenance
- Building code violation
Perhaps the most common example of premises liability is when someone falls and is injured as a result of the property owners’ negligence. When this happens, you should contact a slip and fall lawyer to help determine if you are entitled to a premise liability settlement.
It’s important to note that simply because you are on someone else’s property and sustain an injury does not necessarily mean you qualify for premises liability. The law offers three categories for visitors: invitees, licensees and trespassers.
Invitees and licensees have a right to be on your property through a direct or indirect invitation. For example, a customer going into an open business to shop is considered an invitee. You have the right to be in a store and shop without experiencing an injury. Licensees typically apply to private residents, such as inviting a friend over for dinner. Either way, if you are an invitee or licensee, you can hold the property owner or tenant responsible for any injury you suffered as a result of their negligence.
The third category of visitors (trespassers) refers to someone who is not invited onto the property and is present without permission. In these cases, the property owner is not necessarily responsible for injuries.
How Does a Premises Liability Settlement Work?
Before you can receive a settlement, you and your lawyers must establish the following criteria:
- Property ownership. This is the basis of your claim that someone is responsible. You must prove that the person owned, occupied or leased the property at the time the injury occurred.
- Negligence. Not only must you prove that the individual neglected their property, but you need to also explain and prove that the negligence caused your injury. For example, an icy walkway outside a business where you slip and fall or a stair railing that is not up to code. It’s critical to clearly connect these dots to win a premises liability case.
- Presence of an injury. Just because you fall on a property does not entitle you to a premise liability settlement. You must also sustain an injury in the process, such as bruising ribs, breaking a bone or suffering a brain injury.
Working with an experienced attorney can help you receive the compensation you and your family deserve. In this example of a multi million dollar personal injury settlement, an 11-year-old boy suffered a brain injury due to a window-related accident in his own bedroom. The parties found negligent include the Homes Association, the window manufacturer and the property’s brokers. When you have the best personal injury lawyer on your side, you’re more likely to achieve the best result.
In today’s world, slip and falls are far too common. They account for more than 1 million emergency room visits every year. To determine whether or not your injuries fall under premise liability, you’ll need to answer the following questions:
- What conditions caused or contributed to your fall?
- How long were those conditions there or in existence?
- Was the property owner or manager aware of the hazard?
- Were there sufficient warnings to indicate a hazardous condition?
Answering these questions with a lawyer who specializes in premise liability will help you determine your next course of action.
If you’ve been injured in a slip and fall or another incident on someone’s property, you will want to consider premises liability settlements as an option for you and your family. The Avrek Law team is here to guide you through the process. With more than 50 years of combined experience resolving cases in favor of clients who were wrongfully injured, Avrek Law has recovered more than $1 billion in compensation for injury victims in more than 45,000 cases. Contact us for your free consultation to learn more!