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How Can You Prove Premise Liability?

How Can You Prove Premise Liability?

Premises liability law usually involves an injury resulting from an unsafe or dangerous condition on real estate or any improvements on it. The owners can be held liable for injuries to others that occur on their property.

Types of Premises Liability Cases

Many assume that premise liability cases are limited to slip and falls, or trip and falls. However, premise liability can include a variety of incidents, including:

– Fires

– Swimming pool accidents

– Dog bites

– Elevator and escalator accidents

– Inadequate security

The Law of Negligence

Almost all premises liability cases are governed by the law of negligence. The injured person has to show that the property owner or occupier failed to make their property, or premises, safe. They do that by showing:

– An unsafe or dangerous condition existed on the property and the owner or occupier knew about it.

– The owner or occupier did not repair or warn visitors of the condition.

– The person bringing the action was injured by that condition.

If the owner or occupier did not know about the condition or did not have a reason to know about it, it is unlikely that they would be held liable because visitors still have to exercise caution for their personal safety.

Different Duties

The owner or occupier of land has different levels of care for different people. That duty depends on a person’s status at the time he or she entered the property. People generally fall into one of these three general categories:

– Business invitees on a commercial premises who require the highest degree of care.

– Licensees are social guests who might come to your home. Property must be maintained in a safe condition, and guests should be warned of any danger.

– Trespassers do not have permission to be on your property, but there is a duty to prevent intentional or reckless harm to them.

Contact the Khonsari Law Group for Personal Injury Attorneys

Innocent victims of the negligence of others deserve fair compensation. If you were injured due to someone’s negligence, call the Khonsari Law Group at (727) 269-5300, or use our online contact form for a free case evaluation and consultation.

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