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Premise liability law will protect you when you are injured on someone's property due to their negligence. Premise liability cases are normally handled by personal injury attorneys.
Even though some premises cases in premises liability law, such as slip and fall cases, can appear to be uncomplicated, it is vital to your case to speak with a personal injury lawyer who is in experienced in premise liability law.
In addition to slip and fall claims, lawsuits may be filed for injuries that are resulted from equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.
For all these reasons, it is vital to contact an accident attorney that knows the ins and outs of premises liability law.
Possession of Premises
Within the context of premises liability law
, a person "possesses" land or premises when:
- The person is in occupation of the land with intent to control it.
- The person has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it
- The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.
Who Can Sue
With premises liability, there are different categories of people who can and cannot sue through a personal injury attorney. As always, it is recommended to talk to a local lawyer to find out if you have a case and what category you fit into.
There are three main categories of people at property, two of which can sue and one which can’t. An invitee and a licensee can sue, while a trespasser in most cases is breaking the law and can’t sue if they get hurt.
What Is An Invitee
An Invitee is someone who comes to the property for business reasons as they are invited to the property to buy or rent something. The person who is the invitee might not have to have been asked directly by the owner to come to the place of business but was still invited in a round about way.
For example, a person coming to a bar or nightclub is not asked by the owner to come but is still an invitee because they have been drawn to the place of business by advertisements or promotions. So, if something happens to a person in a bar or nightclub due to negligence, the owner could be liable because they need to protect all their guests.
For example, an injury could have been avoided if there wasn’t a spilled drink on the floor or if the club had hired more security. Anything that happens at the club could be negligence on the owner’s part. These are examples of where talking to a personal injury attorney would be important to find out the facts and if you have a case with your injury.
What Is A Licensee
Another party that can sue under premise liability is a licensee, which is like a friend coming over to your house for drinks or just to send some time. A licensee does not have anything to do with business like an invitee. If a social guest aka a licensee was to find that the owner of the property knew of a condition that caused him harm, the owner might be liable. With someone owning property that has guests over, they need to fix or correct any broken parts or common things that might cause injury to the guest. In the smallest circumstance, they must at least warn the guest.
For example, if a friend babysits for you and your child is hurt because of negligence in the friend’s home, they might be liable for damages. If your child was hurt because of a needle sticking out of the floor that was not visible, the owner of the home might also be liable.
In all cases, a personal injury attorney is the best to contact and ask if you have a case under premises liability.
What Is A Trespasser
We all have heard stories of trespassers, whether they are people breaking into homes or just someone loitering on property that they should not be on. These trespassers usually don’t have the right to sue for negligence because the owner doesn’t even know they are there.
Personal injury attorneys have been known to recover large damages settlements in premise liability law cases due to the nature of the injuries.
In Darla L. v. Southland LLC in April 2000, a personal injury attorney won a verdict of $2.25 million in a premises liability action stemming from a sexual assault on a tenant of a residential apartment complex.
This was one of the largest verdicts of its kind in California.
In addition, in Doe v. Roe Mall in 2000, personal injury attorneys represented a 37-year-old man who slipped and fell in a shopping mall. The man suffered a severely broken leg, two surgeries, and a disputed loss of wages. The case was settled prior to trial for $290,000.
Finally a $115,000 lump sum cash settlement for slip and fall from Office Depot was agreed upon to settle a lawsuit involving a lumbar disc injury suffered by the plaintiff who fell on rainwater located several feet inside one of its stores in Georgia.
After any incident involving premises liability law, it is vital to contact an accident attorney to file a lawsuit, which can result in a large settlement..