Owners are responsible for ensuring their properties are free from dangerous conditions. Although some unsafe conditions can happen unexpectedly, others happen because the property owners choose to ignore the defective condition despite knowledge. Hence, they may be held liable for negligence when they fail to maintain that responsibility, which results in an accident. This is where the concept of premise liability comes into play.
According to The Ward Firm – A California Law Firm and other reliable legal enterprises, premise liability is one of the different types of personal injury cases requiring an experienced lawyer’s assistance. To win a premise liability case, the injured victim, with the help of a legal professional, should prove that the accident and the injury that occurred on someone’s property was due to the latter’s negligence to use a reasonable degree of care in maintaining the property.
To know if someone has a valid lawsuit against a negligent owner, below are the five types of accidents that might give rise to premise liability:
- Construction Site Accidents
One of the common types of premise liability accidents is those happening in construction sites. Generally, the construction site owners must keep the area safe for both the workers and the general public. They should implement appropriate safety measures and provide proper warning signs to warn everyone of the potential dangers in the area. They should do them without delay to avoid the risks of accidents, resulting in serious injuries among workers and the public.
When the construction site owner fails to implement specific safety rules and regulations, the injured victim might have the right to seek compensation for the injury sustained. For example, suppose someone was hurt due to scaffolding defects or other unsafe conditions caused by the negligent owner. In that case, it might give rise to a strong premise liability case against the latter.
- Dog Bites
When a dog bit someone, they might have a ground to institute a premise liability case against the dog’s owners. In most cases, dog bites become a relevant premise liability accident when a property owner has an aggressive dog. Moreover, in the legal sense, dogs can be considered a person’s property.
Thus, when someone’s dog attacks another due to lack of a leash, fence, or training, that owner might be held liable for their dog’s acts. Once the court identifies the dog as hazardous property, the owner will have to compensate the injured victim for all the losses they suffered from the dog attack.
- Workplace Accidents
The most common premise liability accidents in a workplace usually involve slips and falls. For example, when the employer failed to repair an uneven floor and an employee got injured as a result, the injured individual might be eligible to pursue a premise liability lawsuit.
They have higher odds of winning the case if they can prove with clear and convincing evidence that the employer was negligent in keeping the workplace safe from hazards.
- Accidents At Recreation Places
When people want to relax or get entertained, they usually go to recreation places such as parks, gymnasiums, golf courses, archery ranges, and other similar areas. Like in business establishments, property owners and managers of certain recreational places should also ensure the safety of those using their activities and equipment for recreation or entertainment.
Therefore, if someone has been injured because these places fail to keep them safe by committing some negligent acts, it can also be a ground for filing a premise liability case. For example, if the gymnasium owner failed to fix defective equipment despite full knowledge or failed to warn the users of the defect and someone got hurt by the said equipment, a legal action based on premise liability might be in order. The purpose of the case is to hold the property owner accountable for the negligence that caused the injury.
- Home-Based Accidents
Someone hurt in an accident can file a premise liability case even at home. However, it’s important to note that home-based accidents involve family members. Still, they can also happen to a guest who was invited to visit the property for personal or business reasons. For example, suppose someone was injured due to poorly lit areas or poorly-fixed household structures. In that case, they might have a right to seek compensation from the negligent property owner by filing a premise liability lawsuit.
Moreover, the concept of premise liability also applies to tenants. The landlord might also be held accountable if the tenant was involved in an accident and got injured without their fault. This is even though the tenant is the one who actually possesses and controls the premises.
The different premise liability accidents mentioned above can cause serious injuries or death. Hence, consulting a personal injury lawyer can be an excellent idea for anyone who got injured in an accident caused by the property owners’ liability. They can guide the injured victims through the legal process by investigating, gathering, analyzing evidence, and offering valuable advice regarding their legal rights. That way, the injured individuals can get the favorable results they expect—the maximum compensation for their injuries.
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