THE BASICS OF A PREMISES LIABILITY LAWSUIT
Dec 20, 2018 | Premises Liability |
Merely stepping onto the property of another should not be a frightening event. This is especially true when an individual has been invited onto the property in question, such as when he or she is a customer in a store or he or she is invited to someone’s house for a social gathering. Yet, far too often, property owners fail to adequately maintain the safety of their premises. This failure can result in serious injuries and deaths to unsuspecting individuals.
Fortunately, those who are harmed by dangerous property conditions may be able to recover compensation for damages suffered. In order to do so though, they must prove certain legal elements. The first step in these lawsuits is to prove the injured individual’s status at the time the injury was suffered. If an individual truly was invited onto the property, then a higher standard of care is imposed upon the property owner. In these situations, the property owner would be expected to act with a reasonable standard of care.
What does this mean? It means that the property owner should have taken reasonable steps to remedy known hazardous property conditions and routinely inspect the premises to timely identify any hazards that may pose a threat to those invited onto the property. Once hazardous conditions are identified, property owners should adequately warn invitees of the dangers posed by those conditions. Failure to do so can result in the imposition of liability.
Premises liability lawsuits can be challenging. Defendants, especially if they are a business, are often represented by aggressive defense attorneys who will try to exploit particular areas of the law. Therefore, victims should make sure that they have an equally aggressive legal advocate on their side who can persuasively present the evidence in a way that increases their chance of succeeding and recovering the compensation they deserve.