Premises liability is a legal concept that leaves property owners responsible for certain injuries that occur on their premises.
According to the American Geological Society, about 60% of the land in the U.S. is privately owned by individuals and businesses. The owners of this land are responsible for maintaining the land itself and any structures that might sit on it. If they fail to do this, premises liability laws are in place to provide legal protection to those who might sustain injuries while on private properties.
So, what is premises liability, how does it work, and what are some common examples? Learn more below and discover why calling a personal injury attorney after suffering injuries on private property might make sense.
What Is Premises Liability?
Premises liability is a legal concept that holds private property owners responsible for maintaining safe environments for those visiting their properties. If a private property owner fails to prioritize safety, those injured while visiting them have the right to file personal injury claims in the aftermath of incidents.
Property owners are not responsible for all incidents that lead to injuries on their properties. For example, if someone trespasses on private property and sustains injuries while doing it, this is one instance in which a private property owner often won’t be held liable for their injuries. They also won’t typically be held liable for any injuries on their properties that stem from negligent acts on the part of plaintiffs in personal injury cases.
However, generally speaking, private property owners must work to keep their properties as safe as possible. Otherwise, a judge or jury could find them at fault for any accidents that occur on them.
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How Does Premises Liability Work?
Just because someone is injured on private property doesn’t necessarily mean they can file a personal injury lawsuit against the owner of the property. There are several elements of a premises liability case that a plaintiff needs to be able to prove with assistance from a personal injury lawyer.
First and foremost, those interested in filing premises liability claims must prove that private property owners showed negligence in how they maintained their properties and how it led to plaintiffs sustaining injuries. Plaintiffs must also prove they didn’t do anything that directly led to them sustaining injuries on private properties.
Additionally, they need to demonstrate the damages they suffered in relation to their injuries. They’ll struggle to collect compensation from private property owners if they can’t prove each of these elements during a personal injury case.
Plaintiffs must also prove that the hazard was present for long enough that the property owner reasonably should have known about it. For example, if a customer spilled a gallon of milk at a grocery store and another customer immediately slipped in the puddle, the property owner likely wouldn’t be liable. But if the puddle sat unaddressed for 30 minutes, the property owner may be liable.
Private property owners, meanwhile, must showcase the steps they took to maintain high safety levels on their properties to beat legal cases brought against them. It’s also a good idea for them to have active premises liability insurance policies. Many homeowners’ insurance policies include premises liability protection to some degree to help protect both parties in such cases.
What Are Examples of Premises Liability?
Premises liability is a broad term that can refer to various types of personal injury cases. Here are a few notable examples of premises liability cases:
- Slip-and-fall accidents
- Swimming pool accidents
- Dog bites and other animal-related attacks
- Amusement park accidents
- Trampoline accidents
- Elevator accidents
Any accident that happens on private property can quickly escalate into a premises liability case. Therefore, home and business owners must aim to keep their properties safe to reduce the chances of accidents occurring on their land or in their buildings.
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What Can Compensation From a Premises Liability Claim Be Used For?
If someone is injured on private property, they can hire a personal injury attorney to file a premises liability claim on their behalf. This may involve filing a claim against the property owner’s homeowners or business insurance. Alternatively, they can then attempt to work out a settlement with the defendant in their case or take their case to trial to try to win a judgment from a judge or jury.
Either way, the compensation that a plaintiff could collect after filing a premises liability claim can be used for many things, including:
- Paying off medical bills
- Compensating for lost wages
- Covering pain and suffering damages
The families of those who have died during accidents on private properties can even file wrongful death claims as part of their premises liability claims. They can collect compensation if they can prove private property owners created or failed to mitigate the dangerous conditions that led to the deaths of their loved ones.
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How Do People Make Premises Liability Claims?
Making premises liability claims starts with hiring the right personal injury lawyer. Anyone who sustains injuries on private property should seek the services of a reputable personal injury attorney to handle their case.
A premises liability lawyer can negotiate with the insurance company for the defendant in a case to try to iron out a settlement agreement. They can also take care of filing the necessary paperwork to take a personal injury case to trial.
Proving fault in a premises liability case can sometimes be challenging, as the property owner will likely deny that they had anything to do with the hazard that caused the injury. Pass the responsibility of navigating this case over to a professional attorney who can collect strong evidence on your behalf.
About Accident Hotline
Accident Hotline is a reliable resource for those who would like to pursue legal action against defendants in premises liability cases with the help of personal injury attorneys. You can also track down personal injury lawyers in other practice areas through Accident Hotline. Reach out to us at (888) 340-7454 today to speak with a local attorney about your case.
For a free consultation, call 888-340-7454