What is Premise Liability?
Premise liability is a legal doctrine that holds property owners responsible for injuries that occur on their property due to the owner’s negligence. This can include injuries caused by dangerous conditions on the property, such as slippery floors or uneven sidewalks, or injuries caused by the actions of the owner’s employees, such as a slip and fall caused by a waiter who spills a drink.
Who is Liable for Premise Liability?
The property owner is generally liable for injuries that occur on their property. This includes landlords, business owners, and homeowners. However, there are some exceptions. For example, a property owner is not liable for injuries caused by the actions of a trespasser.
What are the Elements of a Premise Liability Claim?
In order to recover damages in a premise liability claim, the injured party must prove the following elements:
- The property owner had a duty to keep the property safe.
- The property owner breached that duty by failing to maintain the property in a safe condition.
- The breach of duty was the proximate cause of the injury.
- The injured party suffered damages as a result of the injury.
What Damages Can I Recover in a Premise Liability Claim?
In a premise liability claim, the injured party may be able to recover damages for their medical expenses, lost wages, pain and suffering, and other losses. The amount of damages that the injured party can recover will depend on the severity of their injuries and the facts of their case.
If I am Injured on Someone Else’s Property, What Should I Do?
If you are injured on someone else’s property, the first thing you should do is seek medical attention. Once you have been treated, you should contact an experienced personal injury lawyer who has expertise and experience in such matters to discuss your case. D. Patrick McCullough can help you understand your legal rights and options, and can advocate on your behalf to get the compensation you deserve.