Property owners must keep their properties safe for invited guests. This includes residential and commercial property owners. When someone is injured because of a dangerous condition on the property, the owner could be held liable for any damages. Those who become injured need to be aware of their rights to seek fair compensation for their injuries.
What is Premises Liability?
Premises liability is a legal phrase that refers to a property owner’s liability for any injuries that occurred as a direct result of unsafe conditions on the property. Property owners have a legal obligation to keep their properties safe.
When someone is involved in an accident, they have the legal right to pursue fair compensation. It is important individuals explore their rights and learn about the premises liability laws in their state. The more a person knows, the better equipped they will be to make sound decisions.
5 Things to Know About Premises Liability
There are a few things an injured victim needs to keep in mind when it comes to premises liability laws. Keeping these in mind will help individuals to avoid making mistakes in the process of pursuing fair compensation. It will also assist them in making the correct decisions in their case.
1. A property owner owes no duty of care to trespassers. Uninvited guests are not supposed to be on the property, therefore, the premises liability laws do not pertain to these people, even if they are injured. Those who were not invited guests cannot put in a claim for a premises liability injury.
2. An injured party must prove the property owner was negligent. It is not enough for the victim to have simply been injured on the property. This refers to the property owner being required to warn invitees of any dangers that would have been discovered by exercising reasonable care in taking care of the property.
3. The injured party will also need to prove the property owner’s negligence directly caused their injuries. The harm a person suffered must be reasonably foreseeable in light of the property owner’s negligence.
4. The injured party must also prove they suffered measurable damages. They cannot simply say they were injured. They must present proof in the form of medical records and a doctor’s testimony. The more proof the injured party can show, the better. Presenting proof will help victims with their premises liability claim.
5. A property owner’s homeowner’s or commercial insurance policy will typically cover injuries that occur on the property, even if they are caused by the owner’s negligence. Unfortunately, not every owner has property insurance.
Should Victims Hire a Lawyer?
Although not required, many injured victims find it beneficial to hire a lawyer. Even if a victim believes their claim will be easy to settle, it still behooves them to learn as much as possible about their rights and options, by consulting with a lawyer.
A lawyer will guide their client through the process and will take over all the steps involved in pursuing the claim or a lawsuit if it becomes necessary. With help from a lawyer, the process becomes much easier to go through.
Dealing with a premises liability injury is not always easy, but knowing the law can help victims protect their rights. Those who have been injured would be wise to at least consult with a lawyer, so they can receive sound legal guidance.
*Photo by Sora Shimazaki
