Premise liability is a set of laws that hold landowners and tenants liable when someone accesses their premise and gets hurt because of a hazardous condition. Like other personal injury cases, a premise liability lawsuit is based on negligence – though its doctrines may vary slightly than in other personal injury cases.
Landowners (or non-owner residents) have a duty to maintain a relatively safe environment so that those who come onto the premises don’t suffer an injury. This duty is referred to as “premises liability” which holds the landowners and tenants liable for injuries and accidents that happen on their property. Incidents arising from premise liability lawsuit can vary from slip and fall in a mall’s aisle to an injury sustained on a park ride. For example, a client walking into a grocery store may sue the store owner for injuries if he trips or slips on a wet floor at the entrance. However, if the client acted in an unsafe manner s/he may not have a valid case.
Premise liability laws are designed to give victims the right to file a lawsuit against negligent landowners and tenants. It makes the landowner responsible for injuries suffered by persons present on the property.
Who are the landowners and tenants?
- A person is deemed the landowner or tenant of the premises if he or she
- Occupies the property intending to control it
- Holds the property intending to control it and no one else has subsequently occupied the property intending to control it
- Is set to occupy the property and no other person possess the property as defined above
Who is the victim a premise liability case?
In Los Angeles, it’s crucial to determine whether the victim was an “invitee” a “licensee” or a “trespasser”. An invitee is one who is invited into the premises by another. The invitation implies that the landowner has taken the necessary steps to ensure safety. A licensee enters a building for his or her own reasons, or as a guest, but under the owner’s permission. A trespasser, on the other hand, enters property without any right.
Types of premises liability cases
Most personal injury cases can be categorized as premises liability cases, including: dog bites, slip and fall cases, defective condition on the property, snow and ice accidents, amusement parks accidents inadequate maintenance of the premises, fires, swimming pool accidents, escalator and elevator accidents, toxic fumes or chemicals, inadequate building security causing assault or injury and so on.
Hiring a lawyer
Victims who want to get their cases in a position to be settled or go to court have to prove liability. But since the process is complex and can be met with substantial opposition from the defendant’s insurance company and its lawyers, it is essential for victims to lawyer up. A good slip and fall lawyer in Los Angeles will prove that, more likely than not, the landowner was negligent, and that their negligence contributed to the victim’s injury. The lawyer will also help with proving damages. He or she will help one to document their lost income, gather medical records and even work with other professionals to calculate the cost of injury to ensure a victim get maximum compensation.