What is Premise Liability?
Ever wonder what premise liability is, exactly?
Premise liability is used to describe the legal responsibility that landowners and occupiers of a property have for accidents and injuries that occur on their property. While premise liability claims can be filed for a variety of reasons, the most common are slip and fall claims.
An important factor when determining premise liability is the legal status of the visitor. Status is usually broken down into 4 categories: invitee, social guest, licensee, or a trespasser.
Another factor when filing a premise liability case is whether the landowner has made an effort to provide safety for their guests.
This article from Article Alley provides examples of the most common types of premise liability claims.
The Most Common Examples of Premises Liability Lawsuits – Slip and Fall Info
Premises liability lawsuits may not be as well known as other common lawsuits. However, these are serious lawsuits that center on injuries that befall someone due to the negligence of a property owner or manager. For those curious as to what are common examples of such lawsuits, the following are among those generally filed:
- The most common of all premises liability lawsuits is the “slip and fall” accident. While derided by some, these are serious accidents. When you enter someone’s premises or property, you should have a reasonable expectation that floor and/or sidewalk are safe to walk on. When they aren’t, they can create the potential for serious injury which can be the basis for a lawsuit.
- Spills are a close cousin of the above. When a spill occurs in a grocery store, it presents a risk to people walking in the store. If the store management does not take the steps to clean the spill up and someone is hurt, the store may be held liable.
- Security risks can also lay the foundation for a premises lawsuit. When you are the victim of a crime because the owner or manager of a property was negligent, you may be able to file a lawsuit for your pain, suffering, and loss.
- Improper maintenance is another common factor in such lawsuits. A commercial or residential property needs to be properly maintained in order to remain safe to those that venture into it. Failure to maintain adequate upkeep and repairs can lead to liability issues. Defective property condition lawsuits are similar to this mode of liability.
- Asbestos lawsuits are really their own category but they are sometimes considered a form of premise liability since they can fall under the category or improper maintenance. Considering the fact that exposure to asbestos can lead to contracting cancer, this can most definitely be considered a seriously dangerous situation.
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When considering filing a premise liability case, it’s important to act swiftly in order to preserve vital evidence. There is also a statute of limitations that limits the amount of time you have to claim injury.
If you have reason to believe that negligence of a property has caused you personal injury, contact Bander, Bander & Alves and we will help you with your premise liability case.