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.
- Elevator accidents
Elevators often require maintenance as well as permits since they can be very dangerous in the event that they malfunction. A property owner can be held responsible for a faulty elevator if he or she knew that this system was not properly working.
- Inadequate property security that lead to an injury or assault
Many properties, especially large complex buildings, can require special attention in respect to lighting. It is a property owner’s responsibility to maintain a safe property for his or her tenants.
- Swimming area accidents
It is the responsibility of a property owner to ensure that the swimming pool areas of the premises are safe and particularly out of reach of small children. This will often require that the pool area have a self-closing gate that requires a key in order to have access to.
The Bottom Line
Premises liability cases can include a wide array of scenarios. As previously mentioned, not every injury or hazardous location entails a negligent property owner. In order to determine if an injured person has a valid case, it is important to speak to a qualified attorney who will understand the facts of the case.
If you or someone you know has been injured due to someone’s negligence, speak to a legal professional. Our lawyers are dedicated to the representation of victims and their families with respect to premises liability cases.
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