Lieberman, Ryan & Forrest, L.L.C.
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A Breakdown of the Premises Liability Law

Whenever people enter your property, they do not expect to get injured. This is regardless of whether their presence is permissible or not. You owe a duty of care to the victim in the event that the injury suffered resulted from a foreseeable risk. This means that you can be sued in the event that an intruder gets injured within your premises even if you do not own the property.

Property owners and non-owner residents must ensure that high safety standards are maintained at the premises. Typically, these accidents happen when someone falls or gets injured on premises that have hazardous conditions such as poor lighting, vicious animals, violent guests, cracked sidewalks, and open swimming pools. During premises liability cases, the court may either focus on the responsibility of the owner, or the state of the victim.

More often than not, slip-and-fall accident claims are based on the owners' negligence. However, you cannot be deemed to be negligent just because someone got injured on your property. It is, therefore, the victims' obligation to show that you had an idea that your premises were unsafe. However, if an unsafe condition exists on the premises, you must warm your visitors beforehand so that they are aware. This means you will also need the services of a personal injury lawyer if a premises liability claim is filed against you.

When defending those who are making claims against you, there are certain facts that attorneys seek to prove so that you are not deemed liable. The claimant and his legal team have to prove that:

  • You are the owner or resident of the premises where the accident and the resultant injuries occurred.<
  • You knew about the dangerous condition, which led to the injury.

Premises liability cases are quite complicated. Nonetheless, an attorney can help you understand your rights and your liability towards the claimant. Those visiting your property are generally regarded as invitees, licensees or trespassers. An invitee is a visitor who has permission to enter your premises and may include family members, friends, and neighbors. You owe them the duty of care by ensuring that the premises are safe for them.

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