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What is a premises liability claim?

On Behalf of | May 29, 2023 | Personal Injury

Commercial and private property owners are responsible for keeping their property safe beyond a reasonable doubt. Property owners owe a duty of reasonable care to those who enter their property. They are liable for what happens to guests and visitors on their property. If you slipped, tripped or suffered personal injuries on another person’s property, you may have the right to hold them accountable for the damages. A premises liability claim is a civil action a person can pursue when they sustain injuries on another’s property due to its dangerous conditions.

Potentially dangerous conditions on a property

If a property has dangerous conditions, the owner should either repair them or warn others of the hazard. A property owner must maintain their property, which entails regularly inspecting the premises to ensure safety. The following are potential property hazards:

  • Uneven flooring or pavement
  • Damaged flooring or pavement
  • Slippery, wet or oily foreign substances on the flooring or pavement
  • Sleet, snow or ice in driveways, sidewalks or parking lots
  • Obstructions or harmful foreign objects on the flooring or pavement
  • Insufficient lighting
  • Electrocution threats
  • Dangerous chemicals or toxic substances on the property
  • Animals that are prone to aggression and violent behavior

Just because a dangerous condition or potential hazard exists does not automatically guarantee you have a premises liability claim. You should be able to establish the property owner or manager exhibited negligence.

How to establish property owner negligence?

Negligence is when a person fails to act in a way a reasonable person would. Their carelessness is the catalyst for an injury to occur. To establish negligence, you must prove that the property owner either created the dangerous condition, failed to inspect and maintain their premises, or failed to inform visitors about the hazard. You must also establish that the property owner owed you a duty of care and the extent of that duty. Trespassers may have little luck pursuing a premises liability claim.

Whatever happened to you should not have happened in the first place. A simple warning could have saved you a trip to the hospital. You should see if you can recover damages for your pain and expenses.