The legal principle of premise liability is the basis for many civil lawsuits. In short, premise liability allows a plaintiff to sue someone who owns or operates an establishment where something bad happened to them. If the plaintiff can prove that the defendant was negligent in ensuring the safety of their premises, they are entitled to recover damages for medical expenses and lost wages.
Many people wrongly assume that only businesses and public entities can be sued for premise liability. Here is a look into the basics of premise liability and some of the cases it is commonly used for. A premises liability case can arise under a variety of different circumstances.
Types of Cases
Slip and Fall
In slip and fall cases, the plaintiff claims that the defendant’s negligence caused them to fall and sustain an injury. The injury might be minor, like a sprained ankle or broken bone, or more serious, like a concussion or a traumatic brain injury. The plaintiff must prove that the property owner acted negligently and that this negligence caused their injuries.
To prove that the defendant was negligent, the plaintiff must show that there was a hazardous condition on the property that the defendant knew about but failed to fix, and that this failure to fix the hazard led to the accident. The plaintiff must also prove that they sustained actual damages due to the accident.
Dog Bites
Dog bite cases are personal injury claims that fall under premise liability. In many cases, a dog owner can be held liable for injuries sustained by a guest or trespasser who was bitten on their property by the dog. However, only some dog bite cases are as simple to resolve as a slip-and-fall claim.
In many states, homeowners insurance policies provide limited coverage for dog bites on a homeowner’s property. This means that if the homeowner is found to be at fault for the dog attack, they will not be liable for all or even most of the costs associated with the injury.
Elevator Accidents
Elevator accidents usually occur when the lift does not respond as it should to the commands issued by the elevator operator, resulting in an accident. In these cases, the elevator owner may be held liable for any injuries that result from the accident. However, if the accident is the result of a mechanical error on the part of the elevator manufacturer, the owner will not be able to recover any damages from the insurance company of the manufacturer.
Amusement Park Rides
Amusement park rides are some of the most popular attractions at amusement parks. They are also the most dangerous. Unfortunately, there have been many tragic accidents at theme parks across the country over the past few years. Injuries sustained from amusement park rides can range from minor scrapes and bruises to life-threatening injuries such as traumatic brain injuries and spinal cord injuries.
In addition to being dangerous, many of the most popular amusement park rides are not equipped with safety features to protect riders in the event of a malfunction. This can be extremely dangerous. In some cases, the ride is not shut down until after the accident, which can result in serious injuries and even death. These cases can be difficult to prove.
Who is Liable?
In premise liability cases, the party responsible for the accident may be liable for any damages that result to the victim. This may include compensation for medical bills, lost wages, pain and suffering, and any other losses associated with the injury. The party responsible for the incident will depend on the accident’s circumstances.
For example, the municipality that owns the sidewalk or road will be liable if the accident occurred on a public sidewalk or road. The homeowner will be liable if the accident occurred inside a private home. Premises liability law is complicated and depends on many factors.
Hiring a Premises Liability Attorney
Hire a local injury law firm to represent you in a premises liability case. An experienced attorney can advise you on your case’s best course of action. They will also be able to help you prepare your case to give you the best chance of success. Navigating the legal system can be confusing and overwhelming. By hiring an attorney, you will be relieved of some of the stress and anxiety that comes with a case like this.
Conclusion
Premise liability accidents can have devastating consequences. If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation. It is important to take legal action as soon as possible to ensure that you are treated fairly and fairly compensated. A personal injury attorney can help you file your claim and pursue the maximum settlement possible in your case.
