Understanding a Premises Liability Case
Premises liability is the legal definition of personal injury cases where one party suffers an injury because the premises or environment was unsafe and potentially dangerous. To win a premises liability lawsuit, the plaintiff must prove that the property owner or manager neglected his duty to maintain a safe environment leading to an injury. Therefore, it is advisable that you use an attorney as a legal consultant and representative to help prove negligence. Call a Hudson County Personal Injury Attorney for rightful compensation. Below is useful information regarding premises liability cases.
Owner’s duty of care
Premises liability lawsuit holds the owner responsible for injuries that occur in their properties. It is the owner’s responsibility to maintain a safe environment for visitors and people who occupy the premises. In this regard, there are two categories of people who are protected in this law:
- Invitees: Someone granted permission to enter the owner’s premises, such as friends or neighbors. The owner, therefore, has a duty to keep his property safe for their invitees.
- Licensee: Licensees are people who have implied permission to enter into the landowner’s property. Examples of licensees include salespeople who are not aware of the premises’ conditions.
- Trespasser: Trespassers are people who enter premises without the owner’s permission. According to the law, the property owner is not responsible for the safety of a trespasser. A good attorney should help you understand these rules.
Types of premises liability cases
- Slip and fall: These are the most common causes of premises liability. A slip and fall occurs when you fall and injure yourself on another person’s property because they were negligent. The fall could be caused by wet floors, defective staircases, hidden extension cords, or oily floors.
- Inadequate building security: Building owners have a duty to act reasonably when it comes to their premises’ security. Doors, windows, and locks should be in good condition. Additionally, they are supposed to place security men in large apartments. You have the right to report if damage occurred due to a security issue.
- Swimming pool accidents: Swimming pools should have a fence around for the security of children accessing the premises. Otherwise, unguarded and open pools may fall under the premises liability lawsuit.
Proving liability as a plaintiff
If you sue the owner after an injury, you are required to prove a couple of things for your lawsuit to be successful. You’ll show that:
- The person responsible occupied, owned or leased the property.
- The owner acted neglectfully when using the property.
- You were harmed inside the premises.
- The owner’s neglect had something to do with your injury.
Benefits of using an attorney
Accidents have mild and severe consequences that affect the quality of our lives. Through the premises liability lawsuit, the court allows you to seek compensation for an accident that occurred due to another party’s negligence. An attorney will gather the necessary information required to build a solid case. Call a Hudson County Personal Injury Attorney today for consultation and compensation.