Premises Liability: Different Types of Cases
Premises liability is a legal term typically used in personal injury cases. It typically involves injuries where a person’s injury was the result of some type of hazardous or faulty condition on somebody else’s property. Both premises liability cases and personal injuries involve cases that occurred based on negligence. In order for a premises liability cases to be successful, the injured individual has the burden to demonstrate that the property owner was careless or negligent concerning the ownership or maintenance of the property where the injury took place. Generally, negligence refers to the careless acts, or lack thereof, of the property owner who has failed to reasonably maintain the property. It is worth mentioning that just because a person was hurt on another’s property, this does not entail that the property owner was careless in the maintenance of the premises. Similarly, if a property is in unsafe conditions or is hazardous environment, this does not automatically define the property owner as being negligent. It is the duty of the injured person to demonstrate that the property owner should have reasonably known or actually knew that the property was unsafe and nonetheless failed to take appropriate measures to fix the hazards(s).
There are various types of personal injury cases that could be categorized as premises liability cases. This includes, but is not limited to the following:
- Toxic fumes or other chemicals
In the event that a property owner knows that there has been a long lasting chemical smell and has done little to nothing to remedy the situation, the property owner can be held liable for any ailments associated with the scent.
- Dog bites
Many apartment-type buildings will refuse tenants who have large or aggressive dogs on the premises. If the property owner knew about a malicious dog on the property and did not take appropriate measures to ensure other tenant’s safety, the property owner can be held responsible for any injuries sustained from a potential dog attack.