Did you know that property owners have a distinct legal responsibility to provide a safe environment to anyone visiting or residing therein? That means if you are injured on someone else’s property due to their negligence in maintaining or securing the property, you may have the right to file a lawsuit.
The area of law that pertains to this sort of injury is called premises liability. Under premises liability laws, property owners have a certain “duty” to the individuals that live, work, or visit their property. When that duty is not upheld and someone is injured, the property owner may be responsible for the cost of the injuries and losses.
Premises Liability Law Overview
Premises liability law can be quite complex, and its applicability often depends on how you and the property owner are classified. Consider the following:
- Duty – Depending on your classification – someone invited to the property, someone residing there, an employee, or a trespasser – the property owner’s duty to you will vary. The first step in any premises liability case is determining what your classifications are, and what duty the property owner had to you when you were injured.
- Breach of Duty – The next step is proving that the property owner breached his or her duty as established above. To do so, you must prove that the property owner knew that the property was dangerous and failed to correct the problem, thus exposing you to direct danger. A breach of duty may include improperly maintained facilities (i.e. elevators, stairs, equipment), lack of security in areas known to be criminally active, failure to correct leaks, spills, or other unsafe elements that could be injurious.
- Proximate Cause – The next step in a premises liability case is proving the proximate cause. This means that you must prove that the property owner’s negligence created the dangerous situation that caused you to be injured. You must show that you did not have prior knowledge of a dangerous situation, that you were acting reasonably, and that your injuries were not caused by your own actions or behavior.
While it may seem difficult to meet these requirements, with the help of a skilled premises liability attorney, you can fight for your rights and pursue justice after being injured by negligence.
Premises Liability Case Types
There are many circumstances and factors that can lead to a premises liability case. Some of the most common case types include:
- Slip, Trip, and Fall – Slip, trip, and fall accidents often occur due to debris or liquids on floors or stairways, torn carpeting, and slippery surfaces without non-slip pads.
- Stairwell Accidents – Stairwell accidents may be caused by lack of handrails, broken or missing stairs, inadequate lighting, or slippery surfaces.
- Elevator Accidents – Elevator accidents may be caused by inadequate or improper maintenance, botched inspections, or failure to have inspections done.
- Falling Objects – Most commonly occurring in retail environments, falling object accidents may occur when items on shelves are not properly secured, shelving is not properly maintained, construction sites are not properly supervised and secured, or items are not stored within proper safety guidelines.
- Swimming Pool Accidents – Swimming pool accidents may be caused by inadequate safety and security of the facility, improper or no supervision, or lack of fences or locked gates to keep children out.
- Criminal Activity – Criminal activity can lead to injuries if you are attacked while on someone else’s property due to improper lighting, lack of security monitoring, negligence on the part of valets or other staff, or a failure of the property owner to warn you of the dangers.
Choose the Premises Liability Attorney Who Works for You
If you have been injured on someone else’s property and believe negligence to be the cause, contact Daic Law today to speak to our premises liability attorney. At Daic Law, we understand the complex nature of premises liability law, and we have the knowledge and experience to help you fight for your rights and get the results you need. Do not be afraid to stand up for your rights and your future after an injury – contact our office today. Contact Daic Law by calling (713) 808-5246, or by sending us an email at firstname.lastname@example.org.