Who Do I Sue in a Premises Liability Case?

Premises liability cases involve a person sustaining injuries on a property due to negligence. Negligence involves failing to maintain a property in a safe condition. Property owners must take reasonable care to keep their properties in a safe condition, which helps visitors to the property avoid personal injuries.

If you or a loved one suffered serious injuries caused by hazardous conditions in a premises liability accident, contact a local premises liability attorney. A lawyer can protect your rights under your state’s premises liability law. They can also help you identify the party liable for your injuries.

Understanding Premises Liability

Premises liability describes the owner’s duty to others to maintain their property in a reasonably safe condition. If a property owner fails to do so, premises liability law holds that they can be liable in personal injury cases for unsafe conditions in certain circumstances. A property owner’s negligence makes them liable for injuries that occur due to their negligence.

Premises liability includes various injury claims based on dangerous property conditions. Common types of premises liability cases for dangerous conditions include the following:

• Slip and fall accidents on slippery grocery store floors when an employee mops a floor but fails to warn customers.
• Swimming pool accidents when homeowners fail to maintain their pools.
• Dog bites when homeowners fail to secure pets known to be aggressive.
• Poor lighting and inadequate security in commercial parking lots, which make an assault more likely to occur.

Cases involving premises liability claims are among the most common types of personal injury cases.

Identifying Responsible Parties

It’s necessary to identify all potentially responsible parties in a premises liability case. This way, you can seek the compensation you deserve. Commonly responsible parties include:

• Property owners
• Property managers
• Contractors and maintenance companies
• Business owners
• Landlords
• Tenants or other occupiers of the property

Special rules apply to landlords. Generally, a landlord isn’t liable to a tenant (or others) when the condition occurs after the landlord delivers the property to the tenant. There are exceptions to this rule, however, such as when the landlord retains control over a common area or fails to make necessary repairs after being notified of a dangerous condition.

If a property owner has contractors or maintenance companies working on the property, and they create hazardous conditions, these companies can also be liable for your injuries.

In many cases, insurance companies handle claims against responsible parties. They typically handle the legal defense for the responsible party and pay any judgments or settlements within the policy limits. The facts of a case determine the responsible party or parties.

Legal Criteria for Liability

In a premises liability claim, the law imposes liability on the party that caused your injuries. Determining liability depends on the standards under your state’s law.

Status of the Visitor

The duty of care owed by responsible parties depends on the status of the visitor. The three categories of visitors are:

• Invitees: Someone who is invited onto the property
• Licensees: Someone who enters a property as a guest or for their own purposes
• Trespassers: Someone who enters a property without the right to do so

The owner’s invitation to the invitee implies that the owner took reasonable steps to ensure the safety of the premises. With licensees and trespassers, there are no assurances that the property owner took reasonable steps to ensure safety.

Concerning children, property owners owe children who aren’t authorized to be on the property a special duty of care. They must give a warning if they know that children are likely to be on the property and that a dangerous condition or attractive nuisance is likely to cause a serious injury.

Requirements for Negligence

When an owner doesn’t exercise reasonable care under the circumstances, they can be liable for damages. To prove negligence, you must prove:

• Duty: The responsible party owed you a duty of care
• Breach of duty: The responsible party breached the duty of care
• Causation: The responsible party caused your injuries
• Damages: You suffered injuries and some compensable loss

The success of a negligence claim depends on the facts in the case. A premises liability lawyer can help build your strongest case and prove that you’re entitled to compensation for your injuries.

Types of Compensation Available for Injured Parties

Responsible parties can be responsible for paying an injured person compensation for the following economic and non-economic damages:

• Medical bills and other medical expenses
• Property damages
• Lost wages
• Property damage
• Pain and suffering

Compensation helps ensure injured parties do not bear financial burdens caused by someone else’s negligence. Under comparative negligence law in many states, you can make a claim even if you were partially responsible for your accident. The injured party’s fault reduces the compensation available.

The Importance of Legal Representation

If you sustained an injury or a loved one experienced a wrongful death in a premises liability accident, contact a premises liability lawyer in your area as soon as possible. You must bring your premises liability lawsuit before the statute of limitations expires under your state’s law. A personal injury lawyer can provide legal advice regarding personal injury law, including premises liability. They often provide a free case evaluation and will handle all aspects of your case. They will find all responsible parties who may be liable for your damages so you can get the compensation you deserve.