What is Premises Liability?

Jan 6, 2017 by

When a person is injured within a property or in the parameters of a given premises, the owner may be found legally liable if it can be proven that the accident occurred due negligent upkeep. In personal injury or tort law, a case following this scenario falls under premises liability. Through local, state, and federal regulations, property owners are expected to ensure the safety of their premises and all facilities within it. When these expectations aren’t met and a person becomes injured because of it, negligent property owners may find themselves accountable to the court, having to meet penalties and providing compensation to the victim and their family.

New Hampshire personal injury lawyer from Crowe & Mulvey pointed out that the most common cases of premises liability are typically slip and fall accidents, dog bites, swimming pool injuries, elevator and escalator accidents, porch and stair collapse, fires, and poisoning caused by lead paint or mercury. According to Houston personal injury attorneys of Williams Kherkher, premises liability accidents are also common in amusement parks. These accidents are often caused by operator negligence, mechanical failure, and defective ride designs.

A premises liability case is decided upon by the court based on several factors. The first thing that they look at is the severity of the injury caused by the accident. Next, they might also consider the nature of the victim’s visit. Individuals that visit a given property can be classified as an invitee, a licensee, or a trespasser. Of all these three classifications, a victim that is found to have trespassed in a given property will have the least amount of legal protection. It may still be possible for a trespasser to be awarded compensation, but it will usually depend on the specific circumstances of the case.

All in all, filing an injury lawsuit is a good course of action after a premises liability accident. If you or a loved one has been injured due to unsafe conditions in a specific property, do not hesitate to reach out to a lawyer for legal counsel.

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