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What is Premises Liability?

Submitted by emm on Fri, 06/03/2022 - 10:35

Premise liability represents a personal injury case that awards a plaintiff monetary damages if the plaintiff can prove the other party committed one or more acts of negligence.

One of the most common types of premises liability cases is a slip and fall in which the owner of a property failed to implement measures that protected a visitor from slipping and falling.

Proving negligence for a premises liability case requires establishing the owner of a property had a duty of care to protect you against sustaining one or more injuries.

What is Premises Liability in a Personal Injury Claim?

Premise liability is a type of personal injury case that involves proving a property owner failed to prevent an incident that caused a visitor harm.

The key to receiving compensation for a premises liability case is to prove the property owner committed one or more acts of negligence, regardless of whether the negligence was intentional or unintentional.

Proving negligence for a personal injury case such as premises liability requires you to meet four legal standards.

You must show the property owner had a duty of care to protect you and the property owner violated the duty of care doctrine.

Proving negligence also involves demonstrating that the personal injury incident caused your injuries and that the injuries produced financial losses.

Premises Liability Case Examples

Premises liability covers several types of personal injury incidents. One of the most common examples is a slip and fall, which can be caused by factors such as a wet floor, hidden extension cords, or the accumulation of ice and snow.

Poor building security can lead to the commission of a crime that caused you physical harm, as well as a loss of valuables.

Businesses that fail to install security cameras or refuse to respond to break-ins might be legally liable under the premises liability principle.

Another common example of a premise liability case concerns swimming pool accidents that occur on both public and private property.

Duty of Care in Premises Liability Cases

The legal principle defined as duty of care is the first standard you must meet when filing a premises liability claim.

Duty of care means the other party is legally responsible for protecting you every time you step foot on the other party’s property.

However, not everyone who steps foot on public or private property receives protection under the duty of care doctrine.

Although a close friend who invited to you meet on the friend’s property owes a duty of care for your safety, the same cannot be said for a trespasser.

If you cannot show the other party owed you a duty of care, you cannot prove negligence for a premises liability case.

Get a Free Case Evaluation Today

As one of the common types of personal injury cases, premises liability is based on a property owner assuming legal responsibility for the safety of everyone that is invited to visit the property.

Proving premises liability requires meeting three legal standards that include demonstrating a property owner had a duty of care to protect you against harm.

If you sustained injuries because of the negligence of a property owner, you might qualify to receive monetary damages that cover the cost of medical bills and the repairs done to property damage.
Schedule a free case evaluation today to determine the best course of legal action.

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