The Basics Of Premises Liability

Apr 22
08:33

2010

Anna Woodward

Anna Woodward

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Premises liability is a broad category under which personal injury cases can be filed. It refers to a property owner's liability when an injury occurs to a legal visitor through no fault of their own.

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The phrase "premises liability" is a legal term that refers to the responsibility of a property owner to compensate a visitor for personal injury occurring on the property. It is one of the broad categories that a lawyer can file a personal injury claim under.

With that in mind,The Basics Of Premises Liability Articles it only covers injury that is due to negligence of the owner to create a safe environment. For example, if you were to fall through the rotted boards of the front porch and break your leg, the owner is liable because he was negligent in maintaining property safety by not replacing the boards or blocking them off.

But, if you are simply a clumsy person and trip up the steps, that doesn't qualify. It also refers to all kinds of properties as well as long as the injured is not the property owner-personal residences, businesses, government buildings, boats, land and any other kind of property.

You can file a claim to recoup your medical expenses, time lost from work or other expenses incurred as a result of your injuries. Again, while the claim is actually a personal injury claim, your lawyer will file it under the premises liability category based on the circumstances. All this says is that the owner of the property is liable for your injuries.

Now, if you were trespassing or not supposed to be on the property at the time of the accident, you have no legal recourse. This means that unless you are an invited guest to the property when you get hurt, you are out of luck. This is a protective measure for the property owner as well as a safeguard against frivolous lawsuits. The property owner is not liable for injury and monetary damage because you were not supposed to be on the property in the first place.

Because the basis for a case relies on a legal presence on the property, this means that you likely know the property owner if it is a personal residence. You then have to consider possible damage to a friendship if you file a suit. Of course, if a compromise cannot be reached between the two for compensation, a case may be your only option to recoup your expenses. If it is a business, you don't have to worry about this personal aspect.

If you think you have a case, set up a consultation with a lawyer experienced in premises liability and cases. He will evaluate your case and determine what, if anything, the case is worth. You must tell him everything you remember about the circumstances leading up to the accident that caused the injury in order for him to make the best determination. The consultation is typically free so there is no risk in inquiring about it.