Incidences That Can Incur Injuries

When a visitor is injured due to a property owner’s negligence, they may have grounds for a premise liability claim. Premise liability claims are lawsuits filed because of an accident on the premises or property of another.  Laws state that a property owner is responsible to maintain the property in a way that protects visitors.  A premise liability attorney is an expert on premise liability claims, and anyone injured on someone else’s property should consult an attorney to learn if they have grounds for a lawsuit. 

Grounds for a Premise Liability Claim
For injuries due to faulty equipment or unsafe conditions, which property owners should have maintained, victims should talk to an attorney about a possible lawsuit to recover damages for injuries. Premise liability lawsuits are complex cases and require the specific skills.  Laws for filing a premise liability lawsuit vary by state and case; therefore it is important to hire a lawyer in your area for your case.  You may be able to win a claim that would cover medical bills, pain and suffering, loss of income, and more.

Parameters for a Premise Liability Lawsuit
Property owners must be negligent in one of three conditions before a premise liability claim can be filed.  In order to avoid a these types of lawsuits, an owner must:

• Maintain their properly in a safe and responsible manner.  If not, and they cause an injury, the victim may contact a personal injury lawyer and file a premise liability claim.
• Be aware of damage to the property in a reasonable period and repair it or warn visitors of it to avoid injuries and a premise liability lawsuit filed through a personal injury lawyer.  
• Be diligent in overseeing the condition of their property so that if there is damage, they will discover it and repair it or warn visitors of it.  If they do not, a personal injury lawyer may be able to file a premise liability claim.

The Parties to a Premise Liability Claim
In your claim you and your lawyers must specify what type of visitor was injured and what kind of property was involved.. There are three types of visitors they are as follows:

• An invitee who is injured during a visit to commercial property  
• A licensee who is injured while visiting property for social purposes
• A trespasser who has no right to be on someone else’s property has no grounds for filing a premise liability lawsuit 

However, many states base premise liability claims only on whether the visitor is legally on the property, making little distinction between the invitee or licensee.  The purpose of the property and the appropriate behavior of a visitor also influence how the lawsuit is decided.

A premise liability attorney must also determine whether the property named in a premise liability claim is leased or not, and name the responsible party.  If the damage that caused the injury was the responsibility of the owner and unknown to the lessee, you can file a premise liability claim against the owner.  However, if the damage is part of the normal oversight of the lessee, you will be able to file a claim against the lessee.
   
In the case of an injured child, it is reasonable to assume that they will be drawn to an “attractive nuisance.”  An owner must repair or warn of this “nuisance,” or face a premise liability lawsuit.

Accidents in Premise Liability Claims
A premise liability attorney can file a claim for any type of injury.  These lawsuits cover slip and falls, dog bites, tripping over broken sidewalks or loose carpeting, faulty equipment, and much more.  In recent years, courts have upheld premise liability claims for assault or robbery.  To avoid these types of injuries and the lawsuits they may bring, owners must make the property safe or warn visitors of the danger. 

In many states, the victim and the property owner can share liability in a premise liability lawsuit.  It is called comparative fault, and if the visitor did not exercise reasonable care, their premise liability claim is reduced by the amount of their responsibility.