Premises Liability Cases and the Importance of an Attorney
Those injured on the premises of another person or entity’s property are entitled to compensation for damages under the law of premises liability if it is possible to prove that the property owner was somehow negligent or derelict in their duty to uphold a reasonable standard of care that would have prevented the accident from occurring.
However, in many states the laws covering premises liability favor property owners over those injured on their property; for this reason, if you have been the victim of a premises liability injury such as a slip-and-fall accident, it is important to hire a premises liability lawyer to assist you in your legal quest for the compensation you deserve.
What Constitutes a Property Owner?
Under premises liability law, someone is considered to possess a premises if: the individual or entity occupies the area with an intent to control it; the individual or entity formerly occupied the land with an intent to control it, and no one else has subsequently occupied or intended to control it; the individual or entity is entitled to immediately occupy the area above all others, and; the individual or entity legally owns the property.
Under these guidelines, those responsible for accidents leading to injuries on a specific property can include: building owners, building managers, landlords, building supervisors, business owners and renters of the specific property.
When is the Injured Victim at Fault?
The first thing a premises liability attorney will strive to determine after meeting a client injured on someone else’s property is if they themselves were in any way at fault for the accident and subsequent injury. Plaintiffs can be considered invitees, licensees or trespassers on a specific property; invitees and licensees are generally not considered to be at fault for injuries they sustain, but trespassers are another matter.
An invitee is an individual who is invited to enter the premises in order to commercially benefit the property owner. For example, a customer in a store is considered an invitee.
The licensee is an individual who was invited on to another person’s property for a social or non-commercial purpose, such as to be a guest for a dinner party.
A trespasser is someone who enters another person’s property without express or implied invitation.
Property owners are required by law to take all measures of reasonable care to ensure that they warn and protect anyone on their property from harm. If their client is a trespasser, premises liability attorneys will look for evidence that the property owner was aware of the trespasser and failed to adequately warn them of the danger.
Premises liability lawyers gather all the necessary evidence and information to strengthen their client’s claim for damages, and are well-versed in all sorts of personal injuries, slip or trip and fall injuries, animal attacks, wrongful death accidents and traumatic brain injuries. Anyone injured on someone else’s property should not hesitate to hire a legal professional to help them win their case; if they fail, they risk losing more than they have already lost.