Premises Liability Lawyer
Accidents happen, and these accidents happen on another person’s property, that’s when premises liability can come into play. Premises liability refers to the responsibility of property owners or occupiers to maintain a safe environment for visitors. If someone is injured due to unsafe conditions on a property, they may be entitled to compensation through a premises liability case and you should contact a premises liability lawyer. Here are five important things you should know about premises liability cases.
1. Duty of Care
Property owners or occupiers have a responsibility of care for their visitors. This means they are legally obligated to take reasonable steps to ensure their property is safe. The specific duty of care varies depending on the visitor’s status. For example, an invitee, such as a customer in a store, is owed the highest duty of care, while a trespasser is owed the least. However, even trespassers may be owed a duty of care in certain circumstances, such as if there are known hazards on the property.
2. Types of Hazards
Various types of hazards can lead to different accidents. Slip and fall accidents are the most common, occurring when someone slips on a wet or uneven surface. Other hazards include inadequate lighting, defective stairs or handrails, falling objects, or even dog bites. To establish liability, it must be proven that the property owner or occupier knew or should have known about the hazardous condition and failed to take appropriate action to address it.
3. Notice
Notice also plays an essential role in premises liability lawsuits. There are two types of notice: actual notice and constructive notice. Actual notice means that the property owner or occupier knew about the hazardous condition, while constructive notice means they should have known about it through reasonable inspection and maintenance practices. Establishing notice is vital because it demonstrates the property owner’s negligence in failing to address the hazard.
4. Comparative Negligence
Depending on the accident, the injured party can also be held responsabile. Comparative negligence is a legal doctrine that assigns a percentage of fault to each party involved in an accident. If the injured party is found partially at fault for their own injuries, their compensation may be reduced by their assigned percentage of fault. However, some states follow a “pure comparative negligence” rule, where the injured party can still recover damages even if they are 99% at fault.
5. Statute of Limitation
It is important to be aware of the statute of limitations for premises liability cases. The statute of limitations is the time limit within which a lawsuit must be filed. If the deadline passes, the injured party may lose their right to seek compensation. The statute of limitations varies from state to state, so it is crucial to consult with an attorney promptly to ensure compliance with the applicable time limit.
Premises liability cases involve the legal responsibility of property owners or occupiers to maintain a safe environment for visitors. Understanding the duty of care, types of hazards, notice requirements, comparative negligence, and the statute of limitations is essential when pursuing a premises liability claim. If you have been injured on someone else’s property due to unsafe conditions, it is advisable to consult with a qualified attorney who specializes in premises liability to protect your rights and seek the compensation you deserve. Remember, knowledge is power, and being informed about premises liability can help you navigate the legal process more effectively. It’s also important to know when to call a lawyer, something our friends at Cashio Injury Attorneys, LLC agree with!