Important Details About Premises Liability Cases

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Property owners are at fault for premises liabilities if a visitor had the right to be on or around their property and sustained an injury. The hazards could include something is simple as a wet floor or building defects that caused a fall.

When reviewing hazards in or around the property, the owner must correct any issue that could lead to an injury. A failure to keep a safe property could lead to a monetary award for a victim after they have sustained an injury on the property. 

How Was the Victim Injured?

How the victim sustained their injuries could determine if the property owner is at fault for the accident. In a premises liability case, the victim must prove that the owner must have known about the hazard and chose not to correct and protect visitors who come to the property.

The failure to correct the hazard makes the owner liable for the accident, and it is an act of negligence that will prove that the property owner caused the victim’s accident and injuries. Victims must contact an attorney if they are ready to file a premises liability case now. 

Where Was the Hazard?

The location of the hazard could determine fault, and if it is in an area where the owner is less likely to go the victim may not have a case. The hazard must be in a place where workers, family members, or visitors will enter or move around the property.

When convincing a jury that there is no way that the owner couldn’t have known about the hazard, the victim must show where the hazard was in or around the property. The hazard cannot be in a location where visitors or customers are not allowed to enter, and if it was in a restricted area, the victim must present a valid reason why they were in the area.  

Was the Victim on the Property Legally?

The victim of a premises liability must present the court will details that show they had a legal right to be on the property. If the property is a residential property, the victim must show that the owner either invited them to or inside the property or the victim had been performing their job duties.

Utility workers and public servants are allowed to enter the exterior of residential or commercial property if they are performing their job duties. Law enforcement is allowed to enter any property with probable cause. Any victim that doesn’t have a legal right to be on or inside the property is breaking the law, and their injury case will be dismissed. 

Was the Hazard Reported to the Owner Previously?

An existing hazard that has been reported to the owner previously could increase the liability for the property owner, and it could present others with a valid claim. Damaged parking lots could present visitors with the risk of auto accidents, auto damage, slip and fall accidents, and broken bones during a fall. If there were other visitors that reported the same hazard previously, it is possible to prove negligence.  

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How Severe Were the Victim’s Injuries?

The severity of the victim’s injuries could play a role in the victim’s case. The claim must prove that the property owner is liable, and if the victim sustained a permanent injury or disability because of the hazard, they could receive a larger award if the victim wins their case.

If their injury requires extensive or ongoing treatment, the victim will need more funds to cover the cost of their medical care. If it is proven that the owner is liable, they may be required to pay for all ongoing medical treatments for the victim. If the injury requires at-home nursing care or admission into a nursing home, the property owner may be required to pay these costs, too.  

Did The Property Owner Cover the Victim’s Costs?

After an accident on or inside the property, the property owner must contact emergency medical services, and they must pay the costs or provide insurance coverage. In a commercial setting, the owner or a manager will call an ambulance to the property and provide insurance information for the victim.

If it is a residential property owner, they can get coverage through their homeowner’s insurance policy to pay these expenses. If the owners do not attempt to cover the costs, the victim will have to file a legal claim to collect compensation.  

Did The Victim Play a Role in Causing Their Accident?

Comparative fault rulings could apply in these cases, too, and the victim cannot have any role in causing their own injuries. A victim that steps on a floor that is wet knowing there is a danger of failing and becoming injured played a role in their injuries. If they moved a sign from the area, they are at fault for their injuries.  

Signs Near the Hazard?

Hazards in commercial properties, such as water or chemicals on the floor, require signs to warn visitors. If the property owner or their workers failed to place signs around the hazard, the owner is liable for any accidents that happen. Proper signs are necessary around any hazard on a commercial or retail property to prevent serious injuries and accidents. A failure to set up the signs proves the liability.  

Property owners must manage hazards around their property to eliminate the risk of a visitor becoming injured. Residential, industrial, and commercial property owners could be found liable if they do not mitigate these risks on an ongoing basis. It is vital for them to inspect all areas where visitors are allowed to decrease their risks. 

If a property owner is found liable, they must pay for all medical costs related to the accident, auto repair costs, and lost wages related to the victim’s injuries. Most property owners can file an insurance claim to get coverage for these accidents, but if they don’t file a claim, the victim is within their rights to seek compensation through a legal claim. 

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