Premise Liability Cases - An Overview
Premise Liability Cases - An Overview
Premise Liability Cases - An Overview
Premises are properties that involve buildings and land together. Premises liability is defined as the liability for a landowner for certain violations that take place on someone's property. Premises liability law is the branch of law that involves penalizing a landowner when some other person, residing inside his premises, faces any injury or harm. There are certain conditions under which someone can apply for a premises liability case. They are as follows: 1. The defendant must possess the property or premises. 2. The plaintiff must be a 'licensee' or an 'invitee' or a 'trespasser'. 3. There must be a wrongful act or negligence involved. A landowner has some duties towards the plaintiffs, depending on the classification of a plaintiff. Invitee - This is a person who has appeared on the premises of a possessor on receiving an invitation. An invitation can be either expressed or implied. This type of plaintiff deserves the highest level of duties and responsibilities from a possessor. A possessor should conduct inspection of his premises to keep hazards and risks away from the invitees. Licensee - This is a person whom a possessor invites in his premises with an expressed or an implied invitation. Social guests are licensees, not invitees. A possessor should be aware of the risks on his own property and must warn a licensee aware of the possible risks. Trespasser - This is a person who enters the premises of a possessor without any invitation or permission. Typically, a possessor does not have any duty towards such a plaintiff and is not responsible for any harm that is caused to him. However, if a possessor knows about the trespasser, he should exercise ordinary caution. Premises owners are normally responsible for the maintenance of sidewalks that are present on front of their property. This is to ensure that there is no implied danger for the people who are passing by the street. Accidents and mishaps related to premises liability cases usually include: 1. Drowning
2. Dog bites, animal attacks
3. Lack of security
4. Lack of proper supervision
5. Slip and fall
6. Accidents caused due to building defects Such mishaps could be dangerous and can lead to someone's death too. One must not let go of such negligent attitude and apply for a premise liability case. A specialized lawyer can make things easier to deal with when it comes to a legal procedure of premise liability. Chicago citizens can seek expert legal assistance at Shea Law Group.
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