Accidents and injuries happen all the time. They don’t always come from nowhere. They can be a result of your recklessness or someone else’s carelessness. If the latter is the case, you might have to consult your lawyer. If you have been injured on someone else’s property due to unsafety, you might have a valid case to claim. We will let you in on how your case may be handled in different circumstances.
What Is Premises Liability?
When someone owns or leases a place, they should keep it safe to a reasonable extent. If they don’t and their negligence causes someone to get hurt, they are liable. If the person gets injured, they might file a lawsuit. The plaintiff has to prove that the defendant was negligent, which allowed the accident or injury to happen.
Of course, it all depends on each case. You have to also prove that the defendant knew the property wasn’t safe and didn’t take the appropriate measures to make it safer. In some cases, it is proven that the plaintiff was acting recklessly or in an unsafe way, that will affect the validity of the claim.
Examples of Premises Liability
Cases of premises liability can be anything like slip and fall accidents in a shop where there were no signs. They can be dog bite injuries, drowning accidents, or pool accidents. Or they can be tourist accidents or amusement park injuries.
How the case of premises liability is handled depends on the state where it happened. The focus can be on the state of the visitor. In other cases, it can be on the condition of the property where the accident happened and the actions of both the visitor and the owner.
Legal State of the Visitor
Let’s start with the legal state of the visitor. According to the law, the visitor can be one of three: an invitee, a licensee, or a trespasser. An invitee enters the place as if invited. Take a customer in a store, for example, the shop owner naturally expects customers and therefore, should make sure the shop is safe. A licensee enters on their own or as a guest, but they have the owner’s consent to be there, like a social guest. A trespasser is an unwelcome guest. In the case of a licensee and trespasser, the owner didn’t expect them and so can’t always be held liable if they’re unsafe.
However, you’ll find that in many countries and states, the laws differ from one place to another. In Greenville, Tennessee, for instance, property owners and managers are responsible for ensuring that the location is safe and well-maintained to secure the tenant's safety. According to a premises liability lawyer in Greeneville, the only case where the trespasser is owed a duty of care is when it is a child. If you or your child was injured on someone else’s property, look for lawyers in your local area to consult about filing a claim.
Condition of the Property and Actions
When the focus isn’t on the legal state, it’s on the property condition and the actions of the visitor and the owner. The owner owes both invitees and licensees a reasonable duty of care. Reasonable here refers to the fact that other factors have to be taken into consideration, like the circumstances of the visitor entering the property, the purpose and use of the property, if the accident was foreseeable, and if the owner did what he can do to fix or warn the visitors.
What Happens Next?
If you’re an invitee or licensee who was injured due to the negligence of the property owner, you’re advised to hire a lawyer. Call a trusted lawyer in your local area as soon as possible before the statute of limitations is reached. The statute of limitations for premises liability cases is either one year or two years from the date of the injury depending on the US state.
Your lawyer will gather evidence of the accident, talk to witnesses to investigate and prove that the property owner was at fault and that they didn’t practice safety measures. They will get your medical reports as well to show that you had to pay for someone else’s negligence. If your bill is high and your injury kept you from going to work you’re eligible for compensation from the defendant.
Although accidents happen, you are owed your safety to property owners. You should visit any place without having to worry about getting injured or hurt. In the unfortunate case of injury, you can consult a lawyer who will inform you of how the case will go. Each case is different and the focus depends on the state and the circumstances of the accidents. Neglect should be held accountable and you should be compensated for your time and money.
