A premises liability accident, where you suffer an injury on someone else’s property, can turn your life upside down. If the owner of the residence or business where you suffered your injury was at fault for the accident, you might be eligible to file a premises liability claim for compensation. Many types of premises liability claims are possible, depending on circumstances.
What Is Premises Liability?
Premises Liability is “The liability that the owner (or occupier) of land bears for an injury that someone suffers because of an unsafe condition on their property.” Since premises liability injuries in Atlanta, GA, Smyrna, Fulton, Roswell, Douglasville, and surrounding areas are common occurrences, premises liability claims are also very common.
The owner of the premises does not bear unlimited liability. They are liable only for preventable accidents. There are also practical limits to premises liability, such as the amount of insurance a business or homeowner has. Fortunately, most businesses carry substantial insurance to defray liability, and most homes are covered by homeowner’s insurance in all but the most unusual circumstances.
Most Common Types of Premises Liability Cases
Some of the common types of premises liability cases include:
- Slip and fall or trip and fall accidents
- Crimes that occur because of inadequate security
- Dog bites
- ELEVATOR INJURIES
- ESCALATOR INJURIES
- DECK COLLAPSE ACCIDENTS
- HOTEL ATTACKS
- Inadequate security
These are not the only type of premises liability claims, but are some of the most common.
The Four Elements of Premises Liability
Most legal claims break down into a few discrete elements that you must prove to win your claim. The four premises liability elements that you must prove to win your claim are:
- The defendant was the property owner or occupier at the time of the injury. A business owner who merely leases the property from, say, a shopping mall, can still bear premises liability. For the sake of simplicity, the term “owner” is used herein to include both owners and occupiers, such as lessees.
- The defendant’s care and maintenance of the property were negligent (negligence means roughly “carelessness”). The defendant might have broken a safety law or regulation, but the victim can establish negligence even without proving such a violation.
- The victim suffered a tangible injury. If so, they might also claim damages for intangible injuries such as mental anguish or pain and suffering.
- The defendant’s negligence caused the victim’s injury.
If the defendant bears liability for dangerous premises, the next step is typically settlement negotiations. Premises liability settlements sometimes involve large amounts of compensation.
Premise liability cases are similar to personal injury cases. To prove a personal injury claim, you must prove that the property owner owed you a duty of care. The circumstances dictate the likelihood of a premises liability settlement and if the victim files a lawsuit, the likely outcome of a premises liability lawsuit settlement.
For more insight on these case types as well as your rights please do not hesitate to contact The Law Offices Of Cory J Lynch in Atlanta, GA.