Wondering what premises liability is? Here’s an overview of what premises liability is, how it can be proven and what to do if you believe you’ve been injured as a result.
Premises liability is a legal concept for cases where personal injury occurs on someone else's property due to negligence on behalf of the property owner. To win a premises liability case, the person injured must be able to prove that the injury occurred on the property owner’s premises, and that it was due to their direct negligence to properly maintain the property/area.
What Is Negligence?
Generally speaking, negligence refers to a property owner’s failure to use reasonable care with their property. One thing to note is that just because someone was injured on a person’s property doesn’t automatically mean the property owner was negligent. That’s where reasonable care comes into play. If you were injured on someone else’s property and want to file a premises liability lawsuit, you must be able to prove that the property owner knew (or should reasonably have known) that their premises were not being kept in safe conditions for people to use, and chose to take appropriate actions to make those conditions safe.
Want to learn more about negligence? Read this helpful article about negligence in terms of a car-accident case.
What Property Owners Are Responsible For
Property owners are legally responsible for making their premises safe for everyone who uses them, from consumers and clients to employees and any other person coming in or out. “Premises” can include residences, offices, parking lots, shopping malls and more.
Different Types of Premises Liability Accidents
There are several different types of premises liability accidents. Here are a few of the main types:
- Industrial Site Accidents: Industrial sites are home to many hidden dangers. Pharmaceutical and petrochemical refineries, manufacturing factories, construction sites and warehouses often require special machinery and processes to be used, which can result in severe accidents if used improperly.
- Fire-Related Accidents: Fires can easily be caused by another person’s negligence, including leaving an appliance on, smoking in a bedroom, leaving burning candles unattended, faulty wiring, central heating and more.
- Slip-and-Fall Injuries: Slip-and-fall accidents are one of the most common types of premises liability cases. They can occur from icy or slippery surfaces, food or liquid spills, improperly fastened carpeting, debris left on walkways, potholes or defective sidewalks and more.
Examples of Negligent Behavior Associated With Premises Liability
- Improper employee/contractor supervision
- Failure to regularly inspect the premises
- Inadequate systematic maintenance procedures
- Insufficient staff or operations
- Property oversights
How an Attorney Can Help You
Let an experienced, trusted attorney help you identify all the damages you may have experienced due to your injury, and guide you through your best next steps.
At The Law Firm of Cohen & Cohen, we’re dedicated to fighting for your case and obtaining the highest recoveries possible for you and your family. If you or a loved one has experienced a personal injury and would like to speak to an attorney, contact us today to set up your free evaluation.