Premises Liability Examples
When property owners or possessors fail to prevent certain types of accidents from happening on their property and someone gets hurt, this is considered a premises liability injury. In short the law makes them liable and they can be held accountable for any negligence on their part.
While it is often true that accidents can happen at any time for any reason it also stands to be said that some of them can be prevented. When a property owner does not take the steps necessary to prevent obvious accidents they can and will be held accountable as the law sees fit. For example, if their is a water on the floor and someone happens to slip or fall and possibly injure themselves the establishment can be held on the grounds of premise liability claim. To prevent this from happening or from them being held responsible they could have easily posted a sign or warning of some sort to advise customers to be extra cautious in that specific area. When something like this happens in say a restaurant or other like businesses the owner or operator is held liable and will have to provide compensation for the supposed injured customer.
As many premises liability attorneys will point out, premise liability is not only something that can happen at a business it can also happen in a simple visit to a friend’s house. For instance if your friend has in anyway left something out that might possibly cause an accident where you are the one hurt then by law your friend would have to provide you with some type of compensation for your injuries that were directly caused by any negligence on their side of the accident.
Another common example is when someone is renting property that is in some way defective if the landlord has failed to make any repair or to maintain reliable maintenance they can in turn be held responsible under the claim of premise liability. On the other hand if the land owner or possessor of the property did in fact issue a proper warning of the danger involved with the property then they by the same lay will not be held accountable.
There are exceptions to the law just like any other for instance a trespasser would not be able to place a premise liability claim on the property owner because that could be viewed as the laws way of tolerating such unlawfulness. This is also the case for someone who has entered the property against the wishes of the owner and without consent if they are injured at this time then they cannot hold the owner accountable for the very reason that the person was on the property without permission. Again if it is a burglar who sustained an injury while in the process of committing a felony the law cannot be invoked as the burglar would then reap benefits from what is considered a wrongful act.
And where there is one exception it can fairly be said that there are exceptions to the exceptions. In this situation it is a child that has trespassed on the property and at that time they in some way or another were injured depending on the child’s age the owner can be held responsible and the child’s parents can file a lawsuit through a premises liability lawyer. The main reason for this is because a child has low to no perception to danger beforehand.
This is why as an owner of any property or business it is in your best interest to always best to issue a proper warning for any predictable accidents that can be avoided by simple caution. This will insure that if an accident does happen the property owner can not be held responsible for any negligence on his/her part as they did issue a quick response to inform anyone that there was some type of danger in a certain place.