What is premises liability?
It is a fairly common experience - you or someone you know is walking through a store or other business when something on or about the floor causes a slip or trip and fall accident. In California, when the condition causing the fall and injuries results from the carelessness of the business owner, the victim has a right to compensation. This is generally known as the law of "premises liability," and it has long been recognized in California and throughout the country.
Generally, a business owner or operator is held liable for a dangerous condition when they know of it and fail to remedy the condition or warn patrons, or if they should have known of the condition by way of reasonable, regular inspections of the property. The law considers this knowledge crucial to imposing liability, and the "notice" may be actual or constructive. When a property owner is the party who creates the danger then they are presumed to have "actual notice" of the dangerous character from the moment of creation. For example, when a retailer installs a handicap access ramp that does not comply with the Uniform Building Code and an accident results, the retailer is ordinarily liable for all of the damage that follows. It need not be proven that the retailer was aware the ramp was not in compliance with the law as this will be presumed.
When a dangerous condition is not created by a business operator or even their employees, they may still be held accountable if there was "constructive notice" of the danger. That constructive notice occurs when the condition existed for such a length of time that it should have been discovered on reasonable inspection. When liquid spilled on a floor is allowed to remain for an extended period of time, an accident occurring on the property is then the fault of the property owner. The proof as to how long the danger existed will usually stem from its condition. Where a spilled liquid is partially dried, has footprints or tracks through it or was witnessed well before an accident, it is likely a sufficient amount of time passed to impose constructive notice. The failure to discover and remedy the dangerous spill is what leads to the property owner being found liable for an accident.
Perhaps one of the most common mistakes a business operator will make is in the failure to warn people coming onto their property of a danger that may be unavoidable. By their very nature some businesses are inherently dangerous, and warnings should be posted to make others aware of this fact. Sometimes dangerous chemicals are used or liquids are spilled regularly such that the obligation of the business is to warn and not necessarily to remedy the situation. For example, if a pool operator knows a particular area of the pool deck is commonly wet and very slippery, a failure to warn patrons of that condition may result in liability. Where a potentially hazardous chemical is used, it would be negligent for a business owner not to warn people coming near the danger, especially if it could not otherwise be detected.
Finally, even where an injury or harm is caused by a third party, not the property owner, the law may impose liability on the business. When a bar owner knows of a dangerously violent patron and fails to take steps to protect others on the property, the bar owner may be held liable if an assault occurs. This is true no matter what type of business is being operated, so long as the operator knows or should have known of the violent propensity of a patron and failed to act.
Every premises liability case is unique and the potential causes of harm endless. An experienced trial attorney can help you find your way through the facts and the law to reach a fair result.
How to claim Premises Liability?
Whether it's spilled milk on the floor at a grocery store, a cracked pavement, or a missing handrail, thousands of people every year are injured, many seriously, by a dangerous condition on someone else's property. When this happens, the injured person may have a "premises liability claim." The law of premises liability can be very complex, and it depends on a number of factors. A three step process can be used to guide you through.
The first step in identifying a premises liability claim concerns the victim:
1. Was he invited onto the property for the benefit of the owner (such as a person who goes to the store);
2. Was he invited onto the property for another purpose (such as a social guest); or
3. Was he trespassing?
The second step concerns the "dangerous" condition:
1. Was it open and obvious (such as a big hole), or was it hard to see (such as an uneven sidewalk);
2. Was the condition there for a long time or just briefly?
The final step concerns the person in charge of the property:
1. Does he own it or just rent it;
2. Does he control the property or, if not, did he know of the condition?
The answer to all of these questions (and more) can determine whether you have a claim and how strong that claim is. However, don't let the complexity of a premises liability claim scare you. A good lawyer can help you pursue your claim. In addition to recovering money for your injuries, your actions may help to get the problem fixed and to prevent others from being hurt.
At the Demerath Law Office, our objective in premises liability cases is to recover as much money for you as possible under the facts and the applicable law. Personal injury attorney in Omaha Larry Demerath values the opportunity to represent injured victims in premises liability lawsuit. For a free consultation about your case, contact Nebraska Personal Injury Attorney Larry Demerath.
Beware Of Negligence - Avoiding Premises Liability?
Almost everyone in the United States would have a tale regarding sustaining a physical or emotional injury or illness due to someone else's fault.
Being in an accident leaves a very devastating mark on an individual's life. It becomes so much more terrible if the accident should not have happened and only because of someone's negligence that it happened.
A very traumatic personal injury can be the cause of great physical and emotional agony for an individual. It may cause major disruption to an individual's life and damage their aptitude to work and affect their special skills.
Accidents leading to injuries are often due to someone else's erroneous or irresponsible action. Sometimes it may also be because of the failure or negligence of a person to take action in preventing an accident.
According to personal injury law, the party, whether an individual or group of individual, responsible for the injuries have to answer to a liability case to the injured individual or groups of individual and pay for damages. The injured party has every right to sue for damages. The carelessness or even intentional action of the responsible party qualifies them to be sued with a personal injury case involving premises liability.
A personal injury lawsuit, whether for wrongful death, medical malpractice, slip and fall, etc., negligence is the most frequent type of actionable manner charged to the liable party. Negligence is also common concerning cases involving premises liability.
There are legal standards applied by the court in determining if the injury, whether damage or death was indeed caused by the responsible party's negligence.
In most personal injury cases involving premises liability, it is determined how reasonable a person should be in the specific situation when the accident occurred and the injury happened.
Determining if an alleged liable party failed to act the standard or ideal reasonable person is a matter often resolved by a jury. After the plaintiff's camp presented the evidence and argument during a trial, the jury decides whether there is negligence or failure to act reasonably by the defendant.
In cases involving premises liability, the liable person or party may also be a corporation, company or a just a single person.
Owners of a property, especially public business establishments all possess a legal responsibility to keep their premises in good condition in order that no one may be hurt or injured. A property in good condition must have no spills or ice on a floor or walkway, or slippery surfaces, which may cause a slip and fall accident. There must also be appropriate signs in case construction is going on and there are dangers of falling debris or warnings for other critical permanent hazards in the premises.
Whether the property is private or public, as long as it is established for public use should always be checked for safety and security. Here are several cases that may be prone to a premises liability lawsuit:
- hazardous or damaged sidewalks with no warning signs
- poor lighting in parks and other outdoor places
- inadequate locks
- insufficient security or poor building supervision
Meanwhile, people with domestic animals must also be aware of the danger their animals might bring to other people. They must act reasonably according to local ordinances and laws.
In case the property owner failed to act reasonably or responsibly in such cases and an accident took place causing injuries or death, then they can be sued on the grounds of negligence under the law on premises liability.
Being aware but intentionally disregarding a risky condition must be proven by the plaintiff in order to establish a defendant's liability. Thus, several circumstances caused serious physical or emotional injuries wherein it is advisable to consult an attorney to know if a claim for a premises liability case is possible.
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