Premises Liability Lawyer
Accidents and injuries can come in different forms, depending on the situation and condition of where and when they happen. One common type is personal injury, which often involves another person’s negligence. Premise liability is a specific kind of personal injury and is one of the most common personal injury cases.
What is Premise Liability?
Premises liability is a legal matter also known as “tort law,” wherein the injury was brought about by someone’s property being unsafe or defective. However, it doesn’t always follow that it’s the property owner’s fault and responsibility just because it happened on his/her property.
Negligence is when a property owner fails to use reasonable care over his/her property. It is necessary to prove that such defective condition in the property was known to the property owner and that they did not take any action to remedy the situation.
Various types of premises liability cases can occur in particular places. They all fall under personal injury cases, which can be classified into one of the following:
- Fire
- Toxic fumes or chemicals
- Elevator and escalator accidents
This is not an exhaustive list of personal injury classifications, and in each state, it is mandatory that when you occupy a property, you also become responsible for keeping it safe for everyone.
Slip and Fall Injury versus Trip and Fall Injury
Both private and business properties can be involved in personal injury cases such as slip or trip and fall injury. Due to the causes listed below, this kind of accident is usually claimed under personal injury cases.
1. Wet or slippery floors
2. Uneven or broken staircases
3. Poor lighting
4. Ice or snow in parking lots, walkways, or driveways
5. Cluttered common areas
1. Wet or slippery floors
2. Uneven or broken staircases
3. Poor lighting
4. Ice or snow in parking lots, walkways, or driveways
5. Cluttered common areas
Owners of private and public properties may be responsible for the different cases depending on the severity of the accident. It may be one of the following injuries:
– Paralysis
– Fractured bones
– Nerve damage
– Slipped disc and back injuries
– Whiplash
Factors to Consider
In proving who is responsible for a personal injury, a uniform standard of care is observed and met by both the licensee and the invitee. An examination is required, which includes the following factors to be considered:
1. How the property was used
2. Condition on how the visitor entered the property
3. Foreseeability or the ability to predict the chance of such injury to occur
4. Owner’s reasonable efforts to repair a dangerous or unsafe condition in the property
5. Owner’s effort to warn the visitors of the possible dangers in entering the property
These factors, however, may not apply to trespassers. Property owners can provide warnings such as signage on his/her property regarding any possible injury a trespasser may have if they enter. It is only required in the case of artificial conditions created or maintained by the owner that he or she believes can cause death or injury.
Who Can Help You
Being injured is already a devastating experience. It helps to lighten up your worries when you know you’re working with the right professionals. Personal injury lawyers at Afonso & Afonso guarantee to provide you with the assistance you need. They represent individuals in state and federal courts in all categories of personal injury cases.
Contact us today to speak with our reputable lawyers and make an appointment. Let us help you get compensated for your injury.