What is Premises Liability?
Generally speaking, premises liability is a legal concept that requires a property owner to maintain a safe environment for anyone who enters the property. Furthermore, premises liability can apply to both public and private property. Whether it is a private residence or a public swimming pool, the owner, manager, or occupier must ensure that there are no hazards on the property or provide adequate signs warning against these hazards.
Therefore, if an individual suffered injury as a result of unsafe conditions on a property, the owner or occupier may be held liable. Such situations occur in various settings, but the most common cases involve slip and fall accidents, dog bites, or inadequate maintenance.
How To Prove Premises Liability?
Although the elements of proving premises liability vary from state to state, there are four general conditions that need to be met in order to establish that the property owner, manager, or occupier is liable for any injury or damages.
The first element is proving that the defendant owned, occupied, or leased the property on which the accident took place. The second element consists of showing that the defendant was negligent in the use of the property, or that he or she has failed to exercise the standard of care as required in the particular case. Then, the plaintiff will have to present evidence supporting the claim. In most cases, it can be done by providing medical documentation, such as X-rays, prescriptions, or diagnosis made by a healthcare professional. Finally, the injured party will have to show how the defendant’s negligence was a substantial factor that caused the injury.
What Legal Compensation Can You Expect?
The amount and type of compensation you can receive depends on the particular details of your case, such as the severity of the injuries and whether you were partially at fault. Typically, the compensation consists of reimbursement for the doctor visits, prescriptions, physical therapy, and other medical expenses associated with the injury. In some cases, the injured party may also be compensated for any lost wages resulting from taking time off work to recover.
In cases as severe as those involving death, the family of the deceased may be eligible for additional compensation to cover funeral expenses, lost wages, and loss of companionship, support, and affection of their loved one.
Premises liability cases can be complicated and require sufficient evidence. Furthermore, not every injury will be considered a case of premises liability; some accidents are not a result of the property’s owner, manager, or occupier. A visitor or worker also must use reasonable care to keep himself or herself safe. However, in situations that clearly result from the owner’s negligence, such as a slip and fall at a supermarket due to the lack of adequate warning signs, the injured party should be able to successfully prove who is liable.
If you’ve been injured by a car, truck, 18 wheeler, or company vehicle, call DeSouza Law today at (210) 910-HURT or (361) 799-2222.