Premises liability is related to areas of personal injury and outlines a hazard or risk on the property of another person or business. This type of accident can happen due to unsafe or unmarked conditions that created a slip and fall scenario or the presence of danger that wasn’t attended to and caused someone an injury.
The goal for the plaintiff in a premises liability suit is to prove that there was negligence involved in the incident. Some instances where there would be a basis for negligence are a known or expected hazard at a public location such as an amusement park or a pool. Sometimes the injury results from the failure of an individual to maintain their property or even injury from a pet. There are many scenarios where there would be a case for a premises liability case. However, keep in mind that there are different guidelines and expectations for property owners and public businesses or recreation areas.
The Property Owner’s Liability
There are certain expectations for private property owners. While it might get hurt, there’s only a good case if there is a breach of reasonable expectations on behalf of the owner. The injured party and their attorney would need to prove they neglected their duty of care. An attorney is essential for these types of cases because they aren’t cut and dry. Some states have laws that limit the liability of the land or property owner. Because of these variances, you need a skilled attorney specializing in these cases who know state laws that apply to each situation and whether there’s a case for the plaintiff.
For example, states with laws to protect owners from excessive liability have a few different categories. They can be someone invited to the property by the owner. Some fall under the licensee category, which is someone entering the premises with permission from the owner. Generally, these people are renting the space for their personal use for a specified time. Finally, there’s the trespasser. This is someone who enters the property without the owner’s permission. The trespasser category is tricky. This category usually pertains to people who get hurt on a person’s property due to conditions that fall under the duty of care provision. This injury can occur from manufactured hazards such as faulty flooring, swimming pools, or hazardous conditions on the land.
However, in some cases, the trespasser person has a case against the property owner if they are hurt. Anyone who faces this type of legal case needs an expert attorney who has experience with these cases. The more knowledgeable the attorney, the better the chances are that the individuals will get the best outcome for their particular situation.
Types of Premises Liability Cases
One of the most common causes of premises liability cases is swimming pools. Many risks are associated with having a pool either as a public activity or as a private owner. If someone is injured, they can potentially sue for personal injury if the owner is negligent or if they have a good chance of winning based on state laws. Most homeowners know to have a fence surrounding the pool that locks to prevent them from incurring a legal suit due to a swimming pool accident. It’s also advisable to keep that gate locked, so children and unauthorized adults don’t wander into the area and hurt themselves.
Slip and fall are one we commonly hear, and they frequently happen in businesses when there are spills or wet floors, and someone slips on the surface and injures themselves. There are clearly outlined regulations in most areas related to liquid hazards on floors. The area needs a sign that alerts anyone in the area to wet floors or spills. This measure helps prevent falls where the injured party wasn’t aware of the danger. Other hazards commonly cause falls are extension cords or rugs, broken stairs, ice, and broken sidewalks.
Finally, the unsecured building is another common cause of personal injury on someone’s property. There should be some security in place, whether it’s locks or a guard, to help prevent crime and to keep the likelihood of crime from happening. Depending on the area, building owners are expected to have specific security measures in place. If they don’t, they may find themselves liable for anything crime-related that occurs on the premises.
Finding the Right Attorney
Getting the right attorney on the case is essential for the best results. They help clients determine if they have a good case and what they can do to protect themselves or get compensation. If you face a premises liability case or need slip and fall lawyers in Philadelphia, you can turn to the experts at Wapner Newman Attorneys at Law. They have the experience and knowledge to help their clients get the best possible results for their cases. They take the time to find out every detail and prepare their clients for everything they need to know related to the case. Anyone in the area currently looking for an attorney that goes the extra mile to get results can count on them to provide it.