Premises Liability
January 29th, 2010
Have you ever been to a friend’s house and tripped and sprained your ankle? These types of accidents happen all the time, but what if you really injured yourself? If that was the case then you would want to file a premises liability claim against the owner of the property in which you were injured, as long as the accident was due to their negligence.
Types Of Accidents
There are different types of accidents that can happen while visiting an old friend or living on someone else’s property. Injuries on properties can include:
- Animal Attacks
- Exposure
- Accidents Due To Hazardous Conditions
- Slips or Falls
When it comes to filing a premises liability suit, the individual must have substantial proof that the owner of the property was at fault. They need to show that the owner had hazardous conditions, failed to keep proper maintenance, knew there was a danger and neglected to warn the person injured, or were careless regarding the hazardous conditions which might catch the attention of a child.
What is Premises Liability?
Premises liability is the legal definition that states that all property owners are liable for the security of others on their property. If the individual is hurt on their property and is possibly the result of negligence on the property owner’s part, they will be held liable.
Luckily, premises liability may be applied to a variety of situations, rather than having strict guidelines that can make suits difficult to pursue. A couple examples of incidents where the property owner is liable include:
- Your neighbors have a pool on their property and your child gets into an accident because: a) they weren’t watching them or; b) they were not home and the pool area was unsecure or no gate was up ensuring the child did not have access.
- A store owner has recently mopped their floor but did not put up the caution sign to warn visitors that the floor was slippery and someone falls.
- A landlord does not provide adequate security for the property and a robber breaks in causing property damage, theft, or bodily injury to the tenant.
What Can You Do?
If you or a family member had an accident and were injured on some else’s property, you can file a premises liability claim to seek compensation for your losses. Be aware that an array of aspects determines if the suit is applicable. Some include:
- The person named in the suit must own the property.
- The person injured was invited and not trespassing.
- There has to be proven negligence in the care of the property.
The property owner is legally required to maintain the property and make certain the visitors or tenants are in a safe environment.
Additional Legal Information: Accident Lawyer Kris Barber. Serving all of Texas.
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