subject: Liability Lawsuits - General Information On Personal Injury Law [print this page] A property owner may be liable for wrongful acts and for injuries sustained on their land, which is known as premises liability. In order for a legal duty to apply, a landowner must actually be in possession of the subject premises; the plaintiff must be a licensee or invitee; and there must be a tort or negligence involved.
An injury can occur on private property or on business property. Many people know premises liability as a slip and fall case. When injuries or accidents actually happen on a premises, the victim may have the right to be justly compensated. Common types of injuries result from broker stairs or sidewalk, falling objects, improper signage, and unsafe walking conditions. The lack of safety is the primary factor in the injury.
If the plaintiff is an invitee, then the property owner must use ordinary care to warn of an unreasonable risk of harm that they are aware of. When the plaintiff is a licensee, they must prove that the property owner actually knew or should have known about the condition that had an unreasonable risk of harm, they did not warn or make it safe and the plaintiff was not aware of it. With trespassers, a property owner does not have a duty to warn unless they are aware of their presence and will need to use ordinary care for a known danger.
Getting ready to move forward with a lawsuit will involve you having to gather all of your facts and evidence. This can be done by a qualified attorney that has extensive experience in this field of law. They will be ready and willing to handle every facet of your case from start to finish and may be able to provide you with a bigger award from the courts. Using an attorney is key to having a successful premises liability lawsuit.
by: Daniel Beasley
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