Premises liability describes the legal principle that defines the level of responsibility a property owner has when someone sustains injuries from an accident on their property. If you had an accident that was not your fault on someone’s property, they may be liable for financial damages. Consider the following questions when considering filing a personal injury claim on the basis of premises liability.
1. What are the basics of Premises Liability law?
These cases fall in the broad spectrum of personal injury cases. Usually these injuries must have occured due to a dangerous condition or negligent act that occurred on the property. Your legal representatives will need to prove that the owner acted negligently or ignored a possibly hazardous obstacle on the property.
2. How many different types of premises liability cases are there?
Personal injury s already such a broad spectrum of legal cases, and so is premises liability distinction. Examples include but are not limited to:
- Slip and fall
- Ignoring or not warning about a potential hazard on the property
- Inadequate security
- Animal bites or attacks (see specific regulations on these cases)
- Exposure to toxic fumes and/or poison.
- Accidents involving swimming pools.
3. What was the nature of your visit and what was your status?
There are three designated roles that determine your status in a case of premises liability:
Although a property owner must maintain a safe environment for visitors, some states say the status of the visitor may affect how much responsibility the owner has over injuries sustained. Particularly, a status of trespasser is the least likely to receive compensation for any injuries since it is typically an unlawful reason that a trespasser is on property. An invitee, on the other hand, is the most likely to be awarded damages.
4. What factors must my attorney prove in a case?
These cases are surely complicated and laws vary between states so there is no guaranteed success or assured outcome. However, the prosecution must usually prove:
- The defendant was the owner or the manager of the property where injuries were sustained.
- The injuries of the plaintiff is related to the accident that occurred.
5. Are there cases where both parties are liable?
Some states operate under a “Comparative Fault System” that may lead to a decision where the victim is found partially at fault for the accident. Whatever the portion of responsibility for the accident is reflected in the amount of damages compensated.
You should consider calling an experienced personal injury lawyer that has taken on premises liability cases for more specific, personalized advice. Since personal injury is such a broad legal division, it is always advisable to hire a Las Vegas personal injury lawyer who knows what they are doing.
Thanks to authors at Nadia Von Magdenko & Associates for their insight into Personal Injury law.