Premises liability holds an owner(s) of property responsible for accidents and injuries that may have occurred on their land, in and around their business, or in their home.
Premise liability claims are more commonly based on the theory of negligence, and in order to prove liability, the plaintiff must show the following elements of proof:
Liability for landowners can depend on the tort liability status of the victim. For example, there are invitees, licensees, and trespassers. Generally, a property owner owes the highest duty of care to invitees, then licensees, and lastly, trespassers.
On the tort liability scale, a landowner is more likely to be held liable if they failed to perform their duty of care in the following three categories of visitors to their property:
If a property owner is found to have been negligent in her duty of care to prevent an accident or injury on her property, a plaintiff may recover damages such as:
A property owner may also be ordered to repair or fix the dangerous conditions in order to provide a safe environment.
If you are a property owner and have had a premises liability claim brought against you, your most important defense is proving you were not negligent. A few common defenses a property owner may use include:
If you were injured on someone else’s property, or, you happen to be a property owner who is being sued for premise liability, you may want to contact a personal injury attorney. Proving negligence can be tricky, and an experienced lawyer who is knowledgeable of your state laws can help build your case and represent you in court.
Last Modified: 08-24-2017 12:30 PM PDTLaw Library Disclaimer
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