Premises Liability

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Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Other types of incidences can also incur injuries; they can come from falling objects, a broken sidewalk, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case.

Other factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists? Further you may have to establish whether or not the owner knew a hazard existed and then failed to remedy the situation. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

When considering filing a premises liability claim action should be taken in a timely manner. The first reason why this is important is that you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you've sustained, then speaking to a premises liability lawyer should be a priority. Premises liabilities cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.

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Premises liability statues of limitations can vary across jurisdictions and across states. Contact us today if you have any questions.