There are a lot of misconceptions about premises liability law. Many people think that the property owner is automatically liable if they are injured on someone else’s property. However, this is not always the case. To hold a property owner responsible for your injuries, you must prove that they were negligent in some way. You should know a few things about premises liability law to protect yourself and your rights.
What is premises liability law?
Premises liability law is a branch of personal injury law that holds property owners and occupiers responsible for accidents and injuries on their property. There are three main types of premises liability cases:
• Slip and fall accidents: These are the most common type of premises liability case. Slip and fall accidents can occur on any property, including homes, businesses, and public spaces. If you slip and fall on someone else’s property, you may be able to recover compensation for your injuries.
• Animal attacks: If you are attacked by an animal on someone else’s property, you may be able to file a premises liability claim against the owner of the animal. In order to succeed in an animal attack case, you must prove that the owner knew or should have known about the animal’s dangerous propensities.
• Negligent security: If you are injured due to inadequate security on someone else’s property, you may be able to file a premises liability claim. To succeed in a negligent security case, you must prove that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to protect you.
What are the elements of a premises liability claim?
To succeed in a premises liability claim, you must be able to prove the following elements:
• The property owner or occupier owed you a duty of care.
• The property owner or occupier breached that duty of care.
• You were injured as a result of the breach.
• The property owner or occupier is liable for your injuries.
The first element, the duty of care, is the most important in a premises liability claim. The duty of care is the legal obligation that a property owner or occupier has to keep their property safe for visitors. The type of duty of care owed to you will depend on your relationship with the property owner or occupier. For example, if you are a trespasser on someone else’s property, the property owner or occupier owes you a minimal duty of care. However, if you are an invitee or licensee on someone else’s property, the property owner or occupier owes you a much higher duty of care.
If you or a loved one have been injured in an accident on someone else’s property, it is important to understand the basics of premises liability law. You will need to prove that the property owner or occupier was negligent in some way to recover compensation for your injuries. Vastola Legal can help you navigate the complexities of premises liability law and maximize your chances of success. Contact us today for a personal consultation.