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Understanding the Basics. Premises liability refers to the legal responsibility of property owners to ensure that their premises are reasonably safe for visitors. Here are the core elements you need to be aware of: Definition of Premises Liability: This legal theory holds property owners and occupiers accountable for accidents and injuries that ...
- Invitee
- Licensee
- Trespasser
- Children
- Employees
- Comparative Fault in Premises Liability Claims
Invitees are people who come onto the property for the purpose of doing business with the owner. The owner/occupier receives an economic benefit. A good example might be a patron of a restaurant or a store. Property owners owe the highest duty of care to invitees. They must correct, or warn about, any dangers they know about or reasonably should ha...
Licensees are invited guests, but they enter a property for their own purposes rather than because they were invited in to help enrich the property owner. If you go to a friend’s house to enjoy an afternoon together, you would most likely be viewed as a licensee. Property owners owe an intermediate duty of care to licensees. They must correct condi...
Trespassers are people who enter properties without permission. Surprisingly, property owners still owe some obligations to trespassers. For example, they can’t actively set traps for them or create dangerous conditions on purpose. Property owners may also sometimes need to provide a warning about certain dangerous conditions, especially if they ha...
Children are in a special category because they aren’t expected to have the same cognitive abilities as adults. They may not be aware they are trespassing or may be attracted to a property by things like a trampoline or swimming pool or other hazards classified as “attractive nuisances” because of the risk they prevent. If owners are aware that chi...
Generally when an employee is injured while at work they are not entitled to bring a premises liability case and instead must pursue a worker’s compensation claim, although there are situations such as where an employee is doing work at a job site not owned by the employer or the employee is injured in an area of the building owned by someone else ...
In some cases, you may be partly responsible for your injuries and the property owner or occupier may also be partly to blame. When this happens, state laws determine your rights. In most states, comparative negligence rules apply. This means you can still pursue a claim for partial compensation as long as you were less than 50% or less than 51% to...
Premises liability is a legal term that refers to a property owner's responsibility to keep their premises safe for visitors. Essentially, if someone gets injured on a property due to hazardous conditions (suffers a premises liability accident) the property owner could be held liable for the damages. For instance, if a visitor slips on a wet ...
If the case goes to court, your premises liability lawyer will do all they can to ensure you get the financial compensation you deserve. Services Offered by a Premises Liability Lawyer. The first step in working with a premises liability lawyer is a consultation,, and at Commonwealth Law Group, this meeting is free.
May 29, 2024 · A premises liability lawyer handles cases involving injuries that occur on someone else’s property. They conduct investigations to prove a property owner was negligent, help victims understand their legal rights, and fight for compensation on behalf of their clients. Learn more about what a premises liability lawyer does and who they can help.
Sep 2, 2024 · A premises liability attorney plays a crucial role in helping victims of property negligence find justice and compensation for their injuries. From gathering evidence to negotiating with insurance companies, these legal professionals handle the intricate details of building a compelling case. One key advantage of having an attorney is their ...
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Oct 11, 2022 · When you’re hiring a premises liability lawyer, they will do their best to determine the following five important elements of proof that are involved in practically all premises liability cases: 1 - The Legal Status of the Injured Visitor. The legal status or categorization of an injured visitor or employee can greatly impact the duty a ...
