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Premises liability litigation is the area of law which holds the owner or possessor of a piece of property liable for injuries which occur on their property. Slip and fall accidents and swimming pool injuries are just two of the many kinds of injuries covered under premises law. If you have been injured as the result of an unsafe condition on another persons property you may be entitled to compensation from the property owner. You should consult with a premises litigation attorney from your state to see if you have grounds for a case.
The law holds property owners to a "uniform standard of care". This term means that a property owner should act reasonably to eliminate dangers on their property or to warn bystanders of the danger. The premises litigation must prove that the defendant breached a duty owed to the plaintiff and that this breach of duty resulted in the injury. In most states the principal of comparative negligence applies. Comparative negligence means that the courts determine what percentage of the fault belongs to the plaintiff and reduces the award by that percentage.
The court divides plaintiffs into three categories when determining liability in premises lawsuits.
An invitee is a person who is invited onto the premises for the commercial benefit of the property holder, such as a store customer or a swimming pool patron. The property holder has the standard of care when dealing with invitees. The invitee must prove that the property presented a high risk of injury. On top of this the plaintiff must prove that the property holder knew or should have known about the danger. The law requires commercial businesses to regularly inspect their property to ensure safety of the premises.
A licensee is someone who is invited onto a property for any reason other than commercial gain, such as a social guest. A licensee must prove all of the elements as an invitee, but the law also imposes several other conditions that must be proved by a licensee. These cases must show that the injured party did not have reason to know of the danger on their own.
A trespasser is someone who does not have express or implied permission to enter the property. Different states have very different laws regarding the duty owed by a property owner to a trespasser. If you are considering pursuing this type of litigation you need to discuss your case with an experienced premises liability attorney. In most cases the courts tend to side with a property owner against a trespasser.
With some exceptions if a property holder is unaware of the trespassers they have no duty to protect them from dangers on their property. If the property holder is aware of the trespassers many states require them to exercise reasonable care in warning them of dangers.
Children are generally regarded differently than other trespassers. An attractive nuisance is a potentially dangerous object or condition, which is likely to attract children on to the property. Swimming pools, trampolines and piles of lumber can be regarded as attractive nuisance. The law generally requires the property holder to take proactive steps to protect children from the hazardous condition. If a landholder knew or should have known about a dangerous condition and that it was likely to attract children to the property an attractive nuisance claim can be made. In these premises liability lawsuits the plaintiff must show that the cost of eliminating the hazard are small compared to the risk of injury to children and that defendant failed to take reasonable steps to ensure safety.
One final special condition of premises liability law involves rented or leased property. In most cases the renter can be sued for premises liability as if they are the owner. However, if the owner failed to warn the renter of a non obvious, but dangerous condition, such as faulty electrical wiring, on the property the renter can sue the landlord.
Because every state has different laws only a specialized premises liability attorney who knows the law in your jurisdiction can get you fair compensation if you are injured. Furthermore it is a good idea for any property owner meets with a premises lawyer to ensure that their property is safe for all visitors.
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