Understanding Premises Liability
Premises liability is the legal term for a property owner’s duty to keep visitors on the property safe. If there are hazards on the property, owners are responsible for fixing those hazards or at least warning people of the hazards. A personal is in breach of their responsibility if they do not exercise reasonable care to ensure legal visitors are safe.
When You Have A Premises Liability Claim
There are a lot of factors that need to be considered when determining if you have a premises liability claim including:
● Were you legally on the property? Premises liability only applies to people who are legally on the property. That includes both visitors and licensees. Visitors are guests like family, friends, or customers. Licensees are people allowed on the property like employees. If you were trespassing or on the property illegally and without the owner’s permission you probably do not have a claim.
● Was the dangerous condition open and obvious? If the danger was very open, for example if there is a sharp drop on the sidewalk that any reasonable person would avoid, you would be expected to avoid it too. If you took an unnecessary risk around an open and obvious dangerous condition, you share in the liability of your injuries.
● Were there posted warning signs? If the property owner posted a warning sign about a hazard and you did not follow their warning, you share in the liability. For example, if they block off a set of stairs because of damage, but you use them anyways, you are responsible for the injuries that occur as a result.
● Was there an unsafe condition? If there was an unsafe condition on the property that the owner failed to either fix or warn people about, then they will be liable. For example, if they mop the floors but do not post a wet floor sign, if you slip and fall they are responsible.
● Did the property owner know about the risk? This is the hardest thing to prove. Sometimes conditions crop up that cause an accident but the property owner didn’t have notice or time to fix them. For example, if a visitor to the property spills a drink and you slip and fall on the wet ground, the owner may not be responsible for your injuries.
● Was the condition responsible for your injuries? You will have to prove that the property hazard caused your injuries. For example, if you slip and fall and hurt your back, you need to go to the doctor right away to show that the injury resulted from the fall. The best way to do this is with medical documentation.
A Personal Injury Attorney Can Help Determine If You Have A Case
With all of these complex factors, the best way to know if you have a slip and fall claim is to speak to a knowledgeable personal injury attorney. The St. Peter’s Attorney, Michael Babboni can help. For over 27 years he’s helped slip and fall victims determine if they have a case and prove the legitimacy of their claims. Premises liability is very legally complex and with his expertise he can help you determine if you have a claim. Call him today for a free case review and find out if you are owed compensation for your slip and fall injuries..