What is Premise Liability?
Have you been injured on someone else’s property, due to some hazardous condition that was connected to the property? If so, then you could be entitled to sue for damages under premise liability law.
Personal injury cases (and premises liability lawsuits in general) tend to be quite a bit more diverse than the public realizes. For example, if you’re assaulted on someone else’s property, there’s a potential premises liability claim there, based on inadequate security issues. As these disputes can be rather complex, it’s worth consulting a qualified personal injury lawyer for guidance and a case evaluation.
That being said, if you’d like to learn more about some of the basics behind a premises liability case, read on! We’ll explore some foundational principles and questions so that you can better understand your premises liability case.
How does a premises liability claim work in the US?
In the United States, regardless of your state law jurisdiction, you’ll have to establish certain fundamental legal “elements” in order to successfully impose liability on the defendant in a premises liability claim. The concept of ‘duty of care’ is crucial here, as property owners owe different levels of care to various types of visitors. Simply put, you’ll have to show that:
- The defendant engaged in negligence, recklessness, or intentional misconduct;
- In doing so, they created a dangerous condition of property; and
- This resulted in you sustaining an injury.
It’s not always straightforward to establish these elements, as the defendant may argue the details quite aggressively. For example, a defendant might argue that the presence of a dangerous condition was not their fault, or that it was not actually a “hazard” and therefore liability cannot be imposed. They might even try to argue that you did not really sustain injuries and that you’re faking or exaggerating a preexisting injury.
Given these potential complications, it’s critical that you connect with an experienced premises liability attorney who understands how to navigate the legal process in such a way as to maximize your likelihood of success (and your overall compensation claim). Property owners are expected to exercise reasonable care to maintain a safe environment, and failure to do so can lead to liability for injuries sustained on the property.
Why is premises liability law important?
Premises liability lawsuits are important because they pressure the property owner (and other property owners and businesses throughout the country) to develop and maintain reasonably safe properties. Property owners are expected to exercise reasonable care by warning about dangerous conditions and ensuring that their property is safe for invitees and licensees while noting a reduced duty for trespassers. Without the pressure of premises liability claims (effectuated in the form of a lawsuit), they might engage in cost-cutting measures that allow for the continued existence of a dangerous condition or hazard that could cause people to suffer unexpected injury.
Common types of premises liability disputes
The premises liability claim is an umbrella category of personal injury law and covers several different types of premises liability cases. In the premises liability claim context, subcategories include the following:
- Slip and fall accidents
- Trip and fall accidents
- Swimming pool accident
- Trespasser claims
- Inadequate security incidents
- Attractive nuisance issues
- Falling objects injury due to improperly-maintained property
- Another dangerous condition or hazardous condition created (or left uncorrected) by the property owner
- And more
The general public often doesn’t realize that some of these situations can lead to actionable claims under the law.
For example, retail businesses have a responsibility to ensure that there is adequate security on the premises. This responsibility could be heightened if the business is located in a dangerous area (i.e., there have been violent incidents nearby or on the premises in the recent past). If there were two armed robberies on the street next door to an electronics retail store, in the past year, then that property owner would have a responsibility under the law to provide adequate security measures in the form of alarm systems, better parking lot lighting, CCTV camera systems, and/or hired security guards.
If you were assaulted outside of their store because they couldn’t be bothered to spend the money to hire the security guards, for instance, then you could sue them for inadequate security (a subcategory of premises liability).
Damages in a premises liability case
In premises liability lawsuits, you can claim damages for any losses that you sustained as a result of the defendant’s negligent, reckless, or intentional misconduct. When pursuing a personal injury claim, it is crucial to consult with an experienced lawyer to effectively assess and protect your rights.
These losses can vary quite a bit depending on the particular circumstances of the accident, as well as your life circumstances as the injured plaintiff, so don’t make too many early assumptions about how much you can be compensated — you’ll want to investigate the case more fully and evaluate your potential damages with a qualified premises liability attorney before coming to any conclusions about compensation.
Damages may cover the following losses:
- Lost wages
- Loss of earning capacity
- Loss of property
- Loss of enjoyment of life
- Loss of companionship
- Medical expenses (i.e., medical bills for whatever comprehensive medical treatment you have received for injuries sustained in the accident)
- Pain and suffering
- And more
These damages (and thus the compensation you’re eligible to receive) can vary quite considerably from case-to-case.
For example, if you are unemployed at the time of a premises liability slip and fall accident, then your lost wages claim will be zero (or close to zero). On the other hand, if you have a high-paying job at the time of the slip and fall accident, and you’re forced to take some time off after the injuries, then your lost wages claim will be substantial.
Common defenses you might encounter in a premises liability dispute
Every premises liability case is different. That being said, there are some common defenses that injured plaintiffs often encounter. Here are a few that you might have to argue against as you move forward with your case:
- Open and obvious hazards.
You cannot sue and recover damages in your premises liability claim if the property hazard was “open and obvious.” It’s not necessary that you actually noticed the property hazard — the defendant only has to show that a reasonable person “in your shoes” would’ve noticed and avoided the dangerous condition of the property.
- Defendant engaged in reasonable inspections and corrective measures.
The defendant can’t be held liable if they took all reasonable and necessary steps to maintain their property in a safe condition. So, for example, if you’re injured in a slip and fall accident 15 minutes after a floor inspection took place, then you can’t reasonably argue that the property owner (and/or business operator) should have inspected the floor every 15 minutes to clean up every possible liquid spill. That would be an excessive cost and very likely a stricter safety protocol than normal in their industry.
How much does a premises liability lawyer cost to hire?
This may surprise you — most plaintiffs’-side premises liability lawyers work on a contingency fee basis, so they don’t cost anything upfront or out-of-pocket! Instead, these lawyers take a percentage cut of whatever compensation they’re able to secure on your behalf (this percentage can vary from 25 percent at the low-end to 40 percent or more at the high-end).
If you don’t get a payout, then the attorney doesn’t get paid either — you’re not on-the-hook for any bills. That lowers the barrier-to-entry for hiring an attorney quite a bit, as you can work with skilled experienced litigators without concern about the initial cost!
Perhaps the most positive aspect of contingency fee arrangements is that your attorney is incentivized to advocate relentlessly on your behalf to efficiently and effectively secure maximum compensation. That’s because they only get paid if you do — and further, the more you get paid, the more they’ll get paid.
It’s really a win-win dynamic.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in an accident that could involve premise liability issues, then you could be entitled to damages under the law. And though premise liability issues can be complex and uniquely challenging, there are unique opportunities available to the strategically-minded plaintiff. As such, we encourage you to connect to an experienced premises liability lawyer for guidance.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified local premises liability attorney in our network. During this initial consultation, you’ll be able to discuss the details of your case in a comprehensive manner, and learn more about the options you have for securing compensation.
We look forward to assisting you!
