A premises liability case is a particular type of personal injury case, in which the plaintiff claims that there was a hazardous or dangerous condition on the property which led to or resulted in an injury which required medical attention and caused a variety of issues including but not limited to medical expenses, pain and suffering, scarring or disfigurement, lost work time or wages, and other actionable damages
The owner of the property, in most cases a commercial property such as a business or store, has a responsibility to maintain the property in a safe and usable manner for the public or for clients, customers, and visitors to the property.
Premises liability exists for nearly every type of building or structure. It can also apply to common areas or open spaces such as green spaces, pools and recreational areas, and other venues outside of the actual structure. The dangers for potential injury can include unsafe walkways that are in a state of disrepair, standing water of any kind that is not clearly marked with signage (as in the mopping and cleaning of floors in a retail store or office building), falling debris or equipment, a fire, a criminal or animal attack, inadequate lighting, lack of security, and many other lapses by the property owner to maintain a safe and properly maintained environment.
The injured party for any premises liability case (the plaintiff) bears the burden of proof. The laws can vary from state to state, but generally the following parameters need to be met in order to have a successful outcome:
- There was actual harm and/or injury sustained
- The person (owner or lessee) of the property was in fact the owner or lessee at the time of the accident or injury
- There was provable negligence at the time of the accident or injury that contributed to the accident or injury directly
There are a number of additional considerations in bringing a premises liability case against a negligent property owner or lessee. The wording and historical application of state laws can be ambiguous and difficult to navigate. You will definitely need an experience attorney to handle your claim in the case of injury on or in any premises that is not your home.