When Does Premises Liability Apply?

If you are injured on another person's premises, you have the right to seek compensation from the owner or management of the premises, as long as you can prove their liability for the accident. Below are some of the things you can use to prove premises liability.

The Owner Caused The Danger

Any property owner that causes a dangerous situation on their property is almost automatically liable for any ensuing accident. This would be the case even if the accident victim was a trespasser on the property. Consider an example where a homeowner realizes that some neighborhood children use the home as a shortcut to a popular park and digs a trench along the fence to trap the kids. If one of the kids ends up with a sprained leg after falling in the trench, the homeowner will be liable for the child's injuries.

The Owner Knew About The Danger

A property owner is also liable for injuries on their property if they knew about the danger in time, but didn't do anything to prevent injuries. Say a mall owner knows that their elevator is malfunctioning, but delays the repair of the elevator and allows shoppers to continue riding it up and down. In such a case, the mall owner is liable for any injuries the elevator might cause.

The Owner Should Have Known About The Danger

Property owners are expected to know about the safety and security of their properties — to a reasonable extent. For example, a reasonable person should know whether their roof is leaking or their parking lot doesn't have lights. Therefore, a property owner cannot claim ignorance of such dangers to escape liability. If the court finds that a reasonable person should have known about the dangers, then the property owner will be liable for the accidents even if they claim ignorance of the danger that caused it.

The Owner Is Not The Government

The government is typically immune from various forms of personal injury claims and premises liability is one of them. This is not blanket immunity; it only applies to a few cases. For example, the government will not be immune if one of its employees intentionally or maliciously causes a danger that ends up harming you. However, don't expect compensation from the government if a carefully planned and executed government action causes you injury.

Hopefully, you won't get injured any time soon. If you do get injured, however, know that having a personal injury attorney can help you to not only prove your case but also to maximize your damages. For more information, contact a law office like the Law Offices Of Timothy L Lapointe PC.