January 4, 2015
If you have been involved in a premises liability case, you may think you are able to appropriately represent yourself in or out of court. Not all premise liability cases are the same however, and if you choose to defend yourself, you could find yourself in a less-than-favorable situation.
What is Premises Liability?
When we visit a place, whether a restaurant or someone’s home, we expect the premises to be relatively safe—and we definitely do not anticipate sustaining an injury due to an unsafe environment. Injuries, however, do happen, and when they do, you may have a premises liability claim in your hands depending on the nature of your case.
Because homeowners and business owners have the responsibility to provide a safe environment, if you are injured on their property, they could potentially be held responsible for your injuries.
Who is Responsible?
Premises liability law essentially states that the individual who owns or is in possession of the land or premise where the injury occurs, is responsible. For premises liability to apply, the situation has to meet these certain requirements:
- The defendant (person potentially responsible) has to own or possess the land or premises.
- The plaintiff (person who suffered injuries) must have been invited to the land or premises—meaning they were not trespassing.
- In order for premises liability to apply, there has to have been some sort of negligence or breach of the duty of care. For example, if a business is undergoing renovations and a guest arrives and is injured after a fall due to uneven pavement, the guest may have a premises liability claim on his or her hands.
Do I Need an Attorney?
Premises liability claims can be tricky. This is due in part to determining who was responsible. While injuries that occur on the premises of a business have a simpler process, injuries sustained at someone’s personal residence can become complicated. Regardless of where the incident took place, if you or a loved one have been involved in an accident and think the incident may meet the elements of a premises liability case, it is imperative to hire a legal professional to help you.
Some premise liability trials are unpredictable and can quickly turn into a nightmare for you or your loved one if you do not have the appropriate knowledge or representation. If you think you have a premise liability claim, contact the experienced attorneys at the Khonsari Law Group today. We will help you navigate through this difficult time and will aggressively defend your rights.