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Premises Liability

Premises liability is the legal concept that property owners are liable for injuries that occur on their property if those injuries are the result of their negligence. This legal concept can help you understand your legal options if you are ever seriously injured in an accident on residential, commercial, or municipal property. If you are ever injured, contacting an experienced attorney to guide you through your legal options is paramount. Injuries can impact your future through medical expenses, lost wages, and more. If you need an attorney to provide you with quality legal support contact The Law Office of Andrew S. Maze for a consultation.

Basics of Premises Liability

Premises liability does not simply give you the ability to successfully sue the property owner anywhere you get seriously injured, it is more complicated, and certain conditions must be met. The burden of proof in personal injury cases is on the victim. The injured party and their legal representation must prove that specific conditions were present for the property owner to be liable. First of all, you would have to show that you were legally allowed on the property usually because the owner invited you or hired you to work there. If you were illegally trespassing the property owner would only be liable for your injuries under specific conditions. Second of all, you would have to show that the property owner was negligent in dealing with the unsafe conditions on their property. In this case, a property owner being negligent would mean that they knew or should have known about the dangerous condition on the property and failed to successfully rectify or warn of the condition. Thirdly, you need to show that this negligence resulted in your injury. 

Factors In Premise Liability Cases

There are also additional factors that come into play in premises liability cases. For instance, property owners are not typically liable for injuries experienced by trespassers, but under certain circumstances owners are liable. If the trespasser is known to the owner and they acquiesce to the trespasser’s presence the owner will be liable for injuries just like they would be with an invited guest. However, the trespasser would have to demonstrate this knowledge and acquiescence in court. There are also specific rules for child trespassers. The existence of conditions on the property that would be attractive to children, like an unfenced pool, can make property owners liable for the injuries of those trespassing children. Other special cases also exist for instance, between landlords and renters. Landlords are not liable for injuries caused by dangerous conditions created after the landlord delivered possession over to the tenant. Some examples of property conditions that can cause injury are building code violations, damaged sidewalks and pathways, extreme weather conditions, dangerous substances, dangerous objects like broken glass, and unruly animals. If a property owner ignores hazards, visitors can face a diverse array of accidents, including slips and falls, toxic exposure, animal bites, and more burdening people with medical bills, lost wages, and lessened quality of life. 

What To Do

Premises liability and especially proving liability can be difficult so it is important to seek medical attention, collect evidence, and contact legal representation immediately after an injury occurs. If you are injured and need an experienced personal injury attorney to provide you with quality legal support and consultation contact The Law Office of Andrew S. Maze.

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