9 Circumstances That Result In Premises Liability Claims

Slip and Fall Lawyer

A premises liability claim holds an owner of property accountable for any personal injury and damage developing from accidents occurring on a particular person or entity’s property. In all states, owners that inhabit a residential or commercial property should take initiative in maintaining a safe environment for all visitors and employees. Failing to keep the residential property safe for visitors causes “premises liability.”

Circumstances that might result in premises liability claims and lawsuits are:

  • Slip and Fall accidents resulting in injury
  • Crashes in faulty company vehicles 
  • Animal Bites
  • Hazardous Residential property injury
  • Irresponsible or Inadequate Protection
  • Swimming Pool Injury
  • Inadequate Maintenance
  • Retail Store Liability
  • Dining establishment Liability

Property owner exemption

Typically, an owner is exempt from accountability for injuries of a lessee visitor since the lessee is assumed to be responsible for the condition of the property. There are exemptions, such as existing defects and hidden and hazardous conditions when the tenant takes possession of the property.

Premises liability laws vary between states concerning who is eligible to recover for premises liability claims. Some states evaluate the status of the visitor to the property, to determine liability. The status of a visiting person is generally classified as invader, invitee, or licensee.

A social guest present at the invitation or by permission of the property owner or owner. The invitation is a promise that the property is safe to be on.

Trespasser Liability

The laws of many states focus on the state of the visitor to examine liability. For example, trespassers. In some instances, when an owner understands it is likely there will certainly be a trespasser, it is called for to provide obvious warnings of potential threats to intruders.

Premises Liability Laws Vary

In various other states, courts concentrate on the state of the owner and the visitor’s activities. Usually, property owners as well as occupants owe an obligation to keep buildings fairly secure as well as make repair work for all site visitors with the exception of intruders. Aspects that are considered when determining the task are the circumstances under which the visitor came onto the residential property, the nature of the residential property, the willingness of the owner or tenant to notify or fix the issue, as well as the foreseeability of the injury.

Premises liability laws vary from state to state; it is best practice to choose representation with expertise in the state in which the accident occurred. 

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