Do I Have a Premises Liability Claim?
Injured? Frustrated? Confused? If you were hurt on someone else’s property, you’re probably feeling all these things and more. Dealing with a serious injury is difficult enough as it is, but if that injury took place on someone else’s property, you may be faced with the added difficulty of proving liability. Property owners have a certain level of obligation to those who visit their property, especially if those individuals were invited or hired. And, if someone was harmed on the property due to some type of hazard or unaddressed danger, the property owner could be deemed liable for the resulting damage.
Dealing with a serious injury isn’t just painful, it can be expensive, inconvenient, and even life-altering. To ensure you receive fair compensation after a serious accident, you must determine whether or not you have a premises liability claim and, if you do, how to move forward with that claim. To learn more about premises liability, read below.
Establishing Duty of Care
In any premises liability case, the injured person must be able to prove that the property owner or manager had a duty of care. “Duty of care” refers to the owner or manager’s obligation to individuals who enter onto the property, either as visitors, employees, tenants, licensees, or trespassers. Depending on where you’re located, local laws may establish a different duty of care for different types of visitors, especially where trespassers are involved.
However, in most cases, the property owner and manager are responsible for maintaining a safe environment for all guests. If a property owner knows that there is an unsafe condition on the property and he or she does not fix the problem or, at the very least, warn visitors of the hazard, they could be liable for any resulting injuries.
Common types of premises liability cases include:
- Amusement park incidents
- Dog bites and animal attacks
- Elevator and escalator injuries
- Food poisoning
- Inadequate maintenance
- Missing or broken handrails
- Poor building security
- Poor lighting
- Slip and fall injuries
- Swimming pool incidents
- Toxic exposure, especially to chemicals
What Next? Call (916) 520-6639!
Premises liability cases can occur anywhere; from a neighbor’s house, an amusement park, a grocery store, a restaurant, or a construction site. If you were injured by a defective or hazardous condition on another person’s property, you could have a valid claim.
Ready to get started? Contact our attorneys at Kershaw, Cook & Talley to schedule a free consultation with our experienced attorneys.