Premises liability is a legal concept that applies to personal injury cases where the injury was due to some type of unsafe or defective condition on someone’s property. Most premises liability cases are based on negligence, which means that the property owner failed to use reasonable care in connection with the property.
The first thing you need to understand about your rights in a premises liability case is that not all injuries occurring on someone else’s property will lead to legal liability. The nature of your relationship with the property owner can significantly affect your case. If you were lawfully on the premises as an invitee or licensee, then you have more protection under premises liability laws than if you were trespassing.
In most states, invitees are owed the highest duty of care. This includes business visitors like customers in a store who are invited onto the premises for commercial benefit. Licensees are people who enter the property for their own purpose and they are also owed a certain level of care by owners. Trespassers, however, do not usually receive any protection unless they’re children.
Another important aspect is proving negligence in a premises liability case which requires demonstrating that: 1) The defendant owned, occupied or leased the property; 2) The defendant was negligent in maintaining this property; 3) You were harmed; and 4) Defendant’s negligence was a substantial factor causing your harm.
You must prove that there was an unreasonable risk of harm created by conditions at the site and that these conditions caused your injury directly or indirectly because no adequate warning existed about them.
Remember that comparative fault may apply too – meaning if you contributed somehow to your accident (for example by ignoring clear warning signs), it could reduce any compensation awarded proportionally according to how much blame is assigned to each party involved.
It’s essential also to know statute limitations in filing such claims varies from state-to-state but typically ranges between one year and six years from when injury occurred.
Lastly, if you are successful in a premises liability lawsuit, the property owner may have to pay for your medical bills and other expenses related to the injury. You could also be compensated for lost wages if you were unable to work due to the injury. In some cases, victims might even receive compensation for their pain and suffering.
In conclusion, understanding your rights in a premises liability case is crucial when seeking justice after an accident on someone else’s property. It’s always advisable to consult with an experienced personal injury attorney who can guide you through complexities of such cases ensuring that your rights are fully protected.
Munley Law Personal Injury Attorneys
1275 Glenlivet Dr Suite 100-599, Allentown, PA 18106
16102327006