If you were harmed due to the negligence of another party, then you’d be able to receive compensation through a personal injury claim. However, should an injury occur because of someone else’s property, you could pursue a different claim.
Premises liability cases pertain to such damages. There are numerous situations where they are applicable, and the injured can receive payment for any medical bills or other expenses caused by the accident.
What Are Premises Liability Claims?
Premises liability claims assert that property owners are held liable for any injuries that take place on their property if the damages were caused by their own carelessness. Liability claims can take place on any private or public property, whether it be a home, apartment, hospital, or school. If there are any hazards present on a property that can inflict harm on another, then property owners have a responsibility to address any broken structures or remedy any dangerous conditions. Until these issues are resolved, property owners must warn visitors of the potential danger.
What Types of Injuries Can Lead To Premises Liability Claims?
There is a wide range of hazards that could lead to injuries, and as a result, many different ways that liability claims can occur. Listed below are some of the possible dangers that property owners must watch out for and resolve:
- Wet floors and surfaces may lead to slip and fall injuries if they are not cleaned.
- Damaged carpeting may also lead to fall accidents if not addressed.
- Any broken flooring or cracked windows can inflict cuts and bruises.
- Keeping areas lit insufficiently can cause individuals to lose their footing and trip, which is especially dangerous in stairwells.
- Carbon monoxide leaks can lead to poisoning and even death.
- Property owners are also held accountable for accidents that take place outside, such as on their sidewalks or in their parking lot.
- Ice-related hazards, such as falling icicles or icy sidewalks, are also dangerous.
Who Must a Property Owner Offer Duty of Care To?
While property owners are held accountable if their property is the source of another’s injury, not all individuals receive the same level of care. There are a few different kinds of care based on the circumstances, which are based on the visitor’s intent.
Anyone who has implied permission to enter a property that is open to the public is considered an invitee. Examples include shoppers who enter a business, and they’re given the highest duty of care.
Individuals who visit a property for their own purposes in a manner that does not benefit the owner are licensees. For instance, a person who attends a party at another person’s home will be a licensee should they become injured.
A trespasser is defined as someone who enters a property without the consent of the owner. Because the owner did not give the trespasser permission to enter, they have no duty of care should they sustain an injury.
Regardless of whether they’re a trespasser or an invitee, children require a higher duty of care, in addition to a greater duty to warn them of potential hazards.
How Are Premises Liability Claims Proven?
To win a premises liability lawsuit in Pennsylvania and many other states, an attorney must demonstrate that the negligence of the property owner was what caused the injury. Below are four of the things that must be proven:
- A property owner had a duty to care for the person who sustained an injury.
- The owner of the property violated or failed to offer the individual their duty of care.
- The breach of their duty was what caused the injury.
- The injuries were actual damages.