Premises liability is a concept in the legal field that is typically found in personal injury cases where an injury was the result of unsafe or faulty conditions on one's property. Numerous personal injury cases are built on negligence, and premises liability cases are no exception.
Premises liability law refers to the legal principle that holds property owners and/or residents responsible when somebody comes onto their property and gets hurt due to the fact of a dangerous condition. With few exceptions, premises liability cases are based upon negligence; however, the idea may be applied differently in other personal injury situations. The main source of premises liability law is state case precedents, called "common law," however, state statutes, city ordinances, and local building codes may also be relevant.
A premises liability suit holds the owner of the property in which an injury occurred accountable for any danger suffered on that individual or entity's property. Simply put, property owners have an obligation under regional, state, and federal laws to preserve a fairly safe environment and alert others of any hazardous conditions under particular situations that may cause harm. While these laws vary, the basic underlying fact is similar no matter where you live: property owners must keep their land and buildings on their land safe for authorized visitors and those with business there.
Failure to keep the property safe frequently results in a “premises liability.” Common situations that may lead to premises liability lawsuits include:
As you can see, premises liability cases include a wide variety of fact scenarios. Even dog bite cases fall under this umbrella due to unsafe conditions on someone’s property.
If you do not see the cause of your premises liability case above, it does not mean that you do not have a case. Please contact The Cochran Firm’s experienced premises liability attorneys today for a free, no-obligation consultation.
Although premises liability cases are normally not as dramatic or obvious as automobile accidents, they can still cause the same kind of serious injuries or perhaps death. Many premises liability clients deal with pain and suffering from their injuries for the rest of their lives.
Some of the most common injuries sustained in a premises liability case include:
If you do not see the injury you have suffered due to someone else’s negligence, it does not mean you do not have a premises liability case.
No one should have to suffer from another person’s negligence. Call The Cochran Firm today to speak with one of our experienced premises liability lawyers to help you pursue justice and receive compensation for the injuries that you have suffered.
Guidelines on who may recuperate for premises liability and under which conditions differ state to state. Some states focus on the status of the person visiting the property to decide whether liability is appropriate. The status of a visitor in those specific states is generally an invitee, licensee, or trespasser.
An invitee is somebody that has the property owner's express or implied consent to enter the property. Invitees are usually individuals like relatives, friends, and neighbors. For commercial purposes, guests are generally customers. Still, the property owner has a duty to the invitee to keep the property reasonably safe for the invitee.
A licensee is somebody that has the property owner's express or implied consent to enter the property; however, is coming onto the property for their own purposes. Licensees are typically people like salespeople. The property owner typically owes a licensee a lesser duty only to make them aware of the potentially harmful conditions that create an unreasonable risk of harm if:
A trespasser is someone who is not authorized to be on the property. Nevertheless, in some cases, when an owner knows there will likely be a trespasser, it is necessary to offer reasonable warnings of any dangers that are not apparent to trespassers. Typically, the exception to this rule is child trespassers, who may get involved with an "attractive nuisance," like a swimming pool, and therefore are owed a higher duty of care.
An owner or occupant must inspect the property consistently to discover any dangerous conditions and either repair them or post a warning so that legal visitors are not hurt. Any property owner that fails to satisfy this duty, such as being aware of an unsafe condition and failing to warn visitors, can be held liable for any injuries visitors sustain from lack of warning.
You may be thinking, "do limitations exist on recovering for premises liability?" And the answer is yes. Many states follow the basis of comparative fault in premises liability cases, indicating an injured individual who is partly or completely responsible for injuries suffered cannot recuperate for damages that arose out of a hazardous property condition. A visitor has an obligation to use reasonable care to keep themselves safe. If the visitor does not use reasonable care, their percentage of fault can potentially reduce their recovery.
Property owners have an obligation to preserve a safe environment for when people come onto their land, so they do not suffer an injury. This obligation, also called "premises liability," holds property owners responsible for any injury or accident that happens on their property.
Responsibility is determined by different things in different states. Some states concentrate on the status of the visitor, whereas others concentrate on the condition of the property and the actions of the owner and the visitor.
In states that concentrate on the condition of the property and actions of the owner/visitor, a uniform standard of care is applied equally to invitees and licensees. However, that uniform standard of care is not extended to trespassers. When deciding whether the standard of care that is required by a property owner towards a licensee (and some states both an invitee and licensee) has been met requires the inspection of numerous factors, including:
When a trespasser is on a property, the owner only has a duty to provide a warning to avoid injuries if there are artificial conditions that the property owner has created or maintained (e.g., swimming pools). If a warning is provided, the trespasser will most likely be liable. If a warning is not provided, the trespasser might not be liable.
One of the most commonly utilized restrictions on a property owner's liability is the argument that the injured person is partially responsible. A visitor is required to exercise reasonable care after their own safety, and when that care is not exercised, the injured person's recovery is often limited or reduced by their negligence. Most states stick to a "comparative fault" system, meaning that a hurt person's legal damages will be reduced by a portion equivalent to their fault for the incident.
In order for a property owner to be responsible, an injured party must prove that the owner was at fault in some way. There must be concrete evidence that the owner either created the hazard or permitted the hazardous condition to remain on their property to establish a claim.
If an invitee, licensee, or trespasser is hurt while on your property, it is likely, they will bring a personal injury lawsuit against you. Whether you will be held liable or not depends upon how the visitor was hurt and what their status on your property was. For instance, you would be more likely to be accountable for an invitee or licensee’s injuries than for a trespasser’s injuries.
The law requires property owners to preserve their property in a fairly safe way. If the property owner refrains from doing so, they most likely will be held accountable for negligence. Liability on private property is usually greater for those invited onto the property than those who were trespassing (or uninvited).
As long as you make your guests aware of any dangerous hazards you are aware of on your property, you probably will not be held responsible for any injuries that occur on your land. If you are a property owner and are not sure of what to do after someone has been hurt on your property, it is important to consult with an experienced personal injury attorney to determine the duty of care you owe. Contact our experienced personal injury attorneys at The Cochran Firm for a free, no-obligation consultation today.
Initially, the plaintiff needs to show that they have been hurt. This can be done through testimony, whether it is a testament from a treating doctor or the plaintiff's testament. A plaintiff can also provide medical bills and expert testimony concerning their injuries, the extent of their medical treatment, and how the injuries and continuous treatment will impact certain aspects of their life.
Once the plaintiff has proven their injuries, they must prove that:
When proving that the defendant's negligence played a role in causing your injuries, it's important to show that the damage that was suffered was reasonably foreseeable. The accused's negligence does not need to be the only cause of the injury, but it must have significantly contributed to the injury.
No matter what the premises liability case may be, it is essential to have an experienced attorney to help navigate the legal process. The lawyers at The Cochran Firm are here to help. Our premises liability lawyers will investigate your injury to determine its cause, then pursue compensation on your behalf for your injuries. In deciding whether you need to bring a case for premises liability, it is important to make sure that the property owner knew of the fault condition or it was so apparent that it should have been known by them.
You should not have to suffer in silence. We'll be your voice in this challenging and traumatic time.
The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you.
Here at The Cochran Firm, our experienced attorneys are ready to help you or someone you love that has suffered from a premises liability case. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided.
You need the help of an experienced attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.
If you’re looking for an experienced premises liability lawyer to help you pursue justice and obtain compensation for your injuries, please contact our attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.
