How to Establish Premises Liability

Accidental injuries are truly disruptive. Aside from the pain, they also take away so much of your time, which you could have spent working or for personal entertainment. While we concede that there could possibly be no conscious intent in accidents, this doesn’t mean that we cannot ascribe liability to the party that caused it.

An accident can be caused by lapses present in a given property. In such cases, the owner will have to be held liable even if they did not really have the intention to hurt anyone. This is called premises liability, and a case for this must be well-established to get positive results. In this article, we present two of the most important elements that must be fulfilled so that a premises liability case will stand in court.

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Legal standing of the visitor

Generally, owners are expected to provide reasonable care to people who enter their property. The type of care given, as far as the law is concerned, is one that ensures the safety of the visitors.

There are at least three different types of visitors, and they get varying degrees of protection by the law. Invitees, as the term implies, are those that have been invited into the property by another person, usually the owner. Simply because of this invitation, it is to be assumed that proper care is observed to ensure the safety of the visitor.

Another type is the licensees, or those who enter the property with consent from the owner. What differentiates them from the invitees is their permission to alter the space to suit their needs. Because of this, the responsibility of the owner to ensure their safety is somewhat reduced.

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Lastly, there are trespassers. They are perhaps the least protected by law, simply because of the illegal or unauthorized nature of their entry into the property.

Determining the status of a visitor should be done with someone with legal vigor. Because of this, the assistance of lawyers such as those from CDB injury Law should be sought for these cases.

Owner’s negligence or failure

Property owners must guide their visitors reasonably when they are on their property. At the very least, the owners must know which parts of their property can most likely lead to or cause accidents and inform their visitors about these hazards. For example, if the property has a swimming pool, the owners should place signage indicating the depth. Without this little but very significant detail, visitors may dive into shallow waters or unexpectedly swim into deep waters. Such incidents can lead to serious injuries or even loss of life. For the owner to be held liable, it must be established that they failed (i.e. no signs at all) or were negligent of their signage (i.e. there are signs, but they’re incomprehensible).

Any case that reaches the courts must be well prepared. Cases that involve premises liability will surely be met with significant resistance. Hence, the attorneys who handle these cases must learn how to clearly and convincingly lay down the important elements.

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