Have you been injured on someone else’s property? You may have a premises liability claim on your hands. A type of personal injury claim, premises liability arises when a property owner has breached their duty of care to keep their property reasonably free of hazards. Those injured as a result of that breached duty may bring a claim seeking compensation for the harm they have suffered. Let’s take a closer look at what a premises liability claim entails.
What is Premises Liability?
Premises liability claims, like most personal injury claims, are based on a legal theory of negligence. The elements of negligence are: duty, breach, causation, and damages. In a premises liability claim, the focus is on the duty of a property owner to keep their property reasonably free of hazards, their failure to uphold that duty, and the damages caused by the breach of that duty. A property owner will only be held legally liable for the damages a person sustained on their property if they were, in fact negligent. This means that just because you were hurt on someone else’s property, it doesn’t mean that you can bring a successful premises liability claim.
One of the most well-known types of premises liability claims is a slip and fall claim. A slip and fall claim will often arise as a person visits a store or other business, and injures themselves in a slip and fall due to a dangerous property condition. Dangerous property conditions that commonly lead to slip and fall claims include a wide range, such as:
- Wet floors
- Slick floors
- Snow or ice on walkways
- Sidewalks in disrepair
- Extension cords
- Stairway defects or obstructions
If a property owner knew or should reasonably have known of one of these hazards, or another hazard on the property, and someone was injured because the property owner failed to make the property condition safe, then the injured party can bring a premises liability claim seeking damages for the harm they suffered.
Negligent security cases also fall under the premises liability purview. You see, property owners and building owners have a duty to take reasonable actions to secure access to the property and the buildings. Because of this duty, you will often see security guards posted in the entryways to certain buildings. You may also see doormen, security cameras, and other measure to help ensure the safety of those coming onto the property. If a property owner has failed to take reasonable measures to secure the property, and someone is injured, such as because of an assault on the property, then the property owner may be held legally responsible for the harm caused due to negligent security.
Personal Injury Attorney
There is a wide range of premises liability claims. From slip and falls to dog bites to negligent security and more, you can count on Attorney Michael LoGiudice to fight for you to be justly compensated for the harm you have suffered. Contact us today.