What You Need To Know About A Premises Liability Case Before Handling One

Injury claims vary depending on the location of the accident, the liable party, as well as other factors. If you are injured on someone else's property, in this instance, you are eligible to file a premise liability claim. To win a premise liability claim, you must prove the property owner’s negligence or failure to maintain the property’s safety. However, just because you were injured on their premises does not necessarily mean that the property owner was negligent On that note, read on to learn what you need to know about a premise liability case before handling one.

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What is Premises Liability?

Premise liability usually occurs when someone is injured inside a building that belongs to another person. The laws in different jurisdictions state that property owners should ensure safety for all the visitors to the place. The owners of various buildings should put warning signs about possible danger at their premises to protect the visitors. 

Prove Liability

In each state, there are certain elements that you must prove in a premise liability case. It is vital to understand the laws in your state to succeed in your case. The victim must prove that someone has caused their injuries at the property in question. The plaintiff should prove the following: 

  • The defendant owned, leased, or occupied the property

  • The plaintiff was injured

  • The defendant was negligent

You also need to provide medical evidence that shows the injuries sustained while at someone’s property.  

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Premise Liability Cases

There are different types of premise liability cases where you can file a lawsuit following an injury. Some of the cases include the following:

  • Snow accidents

  • Slip and falls

  • Dog bites

  • Swimming pool incidents

  • Elevator defects

  • Fires

  • Poor maintenance of the premises

  • Water leaks

  • Toxic fumes

Different scenarios constitute premise liability cases. Dogs present an unsafe condition at your place and this is the reason why they are categorized under property liability. If you own the property, you must ensure that it is safe for all visitors. 

Hire an Injury Lawyer 

When you or your loved one are injured at someone’s property, you are entitled to file a premise liability claim. However, it is crucial to work with an experienced lawyer to increase your chances of getting maximum compensation. Expert Arizona-based lawyers at https://www.phoenixlawteam.com/ explain that hiring a professional personal injury lawyer will help you preserve your peace of mind since they will take care of the complicated legal procedures for you, allowing you to focus on your recovery. Seasoned attorneys are familiar with the details and information that you need to gather to support your claim and will help you conduct investigations to prove the property owner’s liability. 

The Building Owner’s Duty of Care

The owner of the property is required by the law to ensure safety for all the visitors to the place. The landlord has a duty of care to ensure the safety of the following types of visitors.

Invitee

An invitee has the property owner’s permission to enter the place. Invitees include relatives, friends, and neighbors. If you own the property, you should make sure that your visitors are not exposed to threats that can lead to injuries. 

A licensee

A licensee is a person who has got the landlord’s permission to enter the property. A licensee visits the property to conduct their business. However, the landlord owes the licensee a lesser duty of care.  The owner of the building should warn the licensees about the possibility of dangerous situations that may exist at the property. 

A Trespasser

Trespassers are not authorized to enter the property which means that the landlord has no duty of care to provide. However, in the case of children, the property owner can be held liable. The owner of the place should prevent foreseeable risk to the minors. It is also essential for the landowners to put danger warning signs around their premises. 

Damages for Premise Liability

You can recover financial damages if you are injured at someone’s premises. The damages cover your medical expenses, loss of wages, pain, and suffering. The settlement you can get depends on your injuries. However, if you also contribute to your injuries, you might not get full compensation.  

If you are injured on someone else’s property, you are eligible to file a premise liability claim to recover compensation for the damages you sustained. The laws in different states require all property owners to take certain safety measures to protect all the visitors. The landlord has a duty of care to ensure the safety of invitees, licensees, and even trespassers. It is essential to prove negligence if you want to win your case. However, in some cases, the property owner might not be liable for your injury, which is why you must hire a lawyer to determine whether or not you have a case and proceed accordingly.