The area of law dealing with premises liability encompasses the legal duties of land holders or those overseeing property to prevent accidental injuries that may take place there. Damage claims based on premises liability can result from a wide range of circumstances. For instance, it is highly typical for causes of action to arise from slip and fall incidents. Further, it is possible to seek damages in cases where an individual is harmed by equipment or fixtures on a particular piece of property. Injuries resulting from the actions or omissions on another that occur may implicate responsibility on the part of the property's owner if they failed to ensure the safety and security of the premises.

Situations of Premises Liability

The types of situations that may give rise to premises liability claims are almost limitless. Bodily injury may result from objects falling from elevated surfaces, cracked or uneven pavement, faulty signage, and a multitude of other hazardous situations. Determinations as to the fault and legal responsibility of the property owner typically hinge on the legal status of the injured party. Visitors to property will fall into one of four legal definitions which play a large role in whether financial compensation for injuries sustained will likely be awarded. Those visiting the premises of others will be categorized as an invitee, a licensee, a social guest or a trespasser. Assignment of status is a critical step in any analysis of potential financial recovery in a premises liability action.

Liability of Property Owner

In addition to the status of the injured party, the actions taken or not taken by the property owner or manager will be examined. It is important to assess whether the property owner can be said to have taken appropriate and reasonable measures to ensure that visitors remain safe and unharmed. Crucial questions include whether precarious physical conditions have been remedied or guarded against and whether visitors received any type of warning regarding dangerous situations they might have encountered on the property. It will also be important to make inquiry as to whether or not the property owner had awareness of a danger but did not make attempts to rectify it. By way of simple illustration, if a cracked piece of pavement went unattended for many months and a visitor tripped and sustained an injury, the property owner's likelihood of liability increases. Alternatively, if a visitor spills a liquid on the premises and immediately slips because of it, liability on the part of the property owner is less demonstrable, as there would have been very little intervening opportunity in which to remedy the dangerous condition.

Determining Financial Compensation

When a serious injury is sustained on the property of another, it is appropriate to consider whether a legal claim based on premises liability principles might yield financial compensation. Medical costs, lost wages and other damages stemming from these types of accidents can be substantial. Anyone contemplating filing a personal injury lawsuit because of the dangerous conditions on another’s property is well advised to seek the advice of an attorney as soon as possible. It is critical that any physical evidence relating to the injury event be preserved, accessed and catalogued before it is removed or degraded. Another key consideration is the fact that the applicable statute of limitations on this type of tort claim specifically limits the time available to file such a claim. For these reasons, it is vitally important that the injured party or their family enlist the help of a seasoned attorney with significant experience in premises liability cases.

Selecting an Attorney

By contacting an expert in the area of premises liability law, injured persons can gain the peace of mind that comes from knowing their rights to compensation will be vigorously pursued. Only a skilled personal injury attorney can provide the type of analysis, strategy and commitment necessary to secure damage awards sufficient to cover medical expenses and lost wages, and possibly even win compensatory amounts for the victim’s pain and suffering.