Premises liability basically refers to incidents in personal injury cases that involve unsafe conditions in someone else’s property. Like in most personal injury cases, premises liability happen due to some form of negligence. In this case, the negligence is due to the property owner’s inability to properly maintain their premises and ensure a safe environment for those who come within it. The law expects that property owners hold a reasonable amount of care and responsibility for maintaining their premises. Those who fail to meet this standard can be held accountable by the court and urged to pay compensation to cover any damages incurred by the victim injured in a premises liability accident.

According to the website of the The Benton Law Firm, premises liability cases typically cover accidents involving slip and fall incidents, elevator and escalator injuries, stair or porch collapse, fires, dog bites, swimming pull injuries, and lead paint or mercury poisoning. Meanwhile, Williams Kherkher points out on its website that an accident involving toxic fumes or chemicals like asbestos can also be considered a premises liability case. It’s also important to note that the validity of a premises liability claim will also rely on the property visitor who was injured in the accident.

In some states, the outcome of premises liability cases will depend on whether the visitor was an invitee, licensee, or trespasser. Invitees are people who have been invited to come to a property for business or commercial purposes. This refers to individual who go to a place of business as a customer or an employee. On the other hand, licensees are people who come to a property for purposes other than business or commercial dealings. An example of a licensee is a house guest. Finally, trespassers are individuals who come into a property where they uninvited or unwelcome. Property owners have the most accountability for invitees and for licensees. A Des Moines personal injury lawyer will probably tell you that trespassers have little in the way of protection against premises liability accidents, although they can still pursue compensation under special circumstances. For more information, it’s best to contact an experienced attorney working in your area.

Leave a Reply

Your email address will not be published. Required fields are marked *