subject: Premises Liability Lawsuits: Property Owner Negligence And Your Rights [print this page] Premises liability is an area of law that falls within the scope of personal injury. The term describes the legal responsibilities that a property owner has for injuries and accidents that occur on their property. As the name suggests, premises liabilities can cover injuries suffered not only inside houses, but also outside (for example, a broken sidewalk), or inside office buildings, construction sites, amusement parks, apartment buildings, or malls.
Property owners are typically responsible for clearing the public sidewalk and street in front of their dwelling of debris, tree branches, or any object that may pose danger to the public. Even if a property owner has delegated maintenance duties to someone else (for example, hired someone to remove snow and ice), the owner is still liable for the overall safe conditions on their property.
Slip and fall accidents are one of the most common examples of premises liability injuries. A slip and fall can occur nearly anywhere, from hazards such as uneven sidewalks, poorly lit stairs, slippery tiles caused by spilled water or other liquids, potholes, or unkempt pathways. Other examples may include swimming pool drowning, or even assault on an unsafe property.
When determining premises liability, there are facts that need to be considered. First, can it be proven that the property owner was aware of the dangerous condition on their property but neglected to take reasonable action or provide warning? Second, the status of the visitor, or victim, is important. By status, we mean whether the visitor was an invitee, social guest, licensee, or trespasser. In most cases, the legal status of a trespasser is different compared to those who were lawfully invited or welcomed on the property.
If you are considering filing a premises liability claim, time is of the essence. You want to preserve the evidence to help your case. If you allow time to pass from when you sustained injury to when you file a case, during the interim the property owner could already have fixed, repaired, or remedied the hazardous situation, thus making it more difficult for you to prove your case. It is also important to recognize the legal ramifications of not taking expedient action. There may be statutes of limitations in your state or area that limit the time you have to file a claim after an injury has occurred. Therefore, if you believe your injury was due to the negligence of a property owner, then you must take action quickly. Speak to a premises liability lawyer as soon as possible.
