What Is Premises Liability?

Premises liability is a legal responsibility imposed on the property owner due to injuries caused by unsafe conditions. An attorney bases the premises liability lawsuit on negligence. However, simply because the victim is injured on someone’s property, it does mean that the property owner is negligent.

A victim must prove that the injury is a result of negligence from the property owner. A person must show that the property owner failed to maintain or care for the property leading to an injury. Here is more information about premises liability;

What is premises liability law?

It refers to legal principles that hold property owners responsible for the injury caused on their premises. State statutes and municipal ordinances are primary sources of premises law.

How does premises liability law work?

The liability law bases the verdict on why the plaintiff entered the property. Victims who entered the premises without permission are called “trespassers.” Those who accessed the property for their purposes are considered “licensees.” Moreover, victims who entered the premises to further the owner’s purposes, such as customers, are labeled “invitees.” Each of these victims enjoys protection by premises liability law but at a different level.

Property owners don’t have a responsibility to keep the trespassers safe. However, the only exception is if the owner knows that the trespasser is on the premises and fails to inform the victim about the dangerous conditions. A similar case happens to licensees where the property owner must notify them about the condition of the premises. Invitees enjoy the most protection. Property owners must inspect and ensure the premises is safe for customers.
States which follow this premises liability law give property owners and defendants a set of rules that should be followed in a lawsuit. As a result, the premises owner knows the safety measures needed to avoid liability for an injury. 

What is a premises liability lawsuit?

It’s a court case that holds the property owners accountable for the injury caused by unsafe conditions on their premises. Premises liability lawsuits require a plaintiff to prove that the property owner neglected the duty of making the place safe. The jury determines whether the complainant will get compensated based on the following factors;

Did the owner have control over the premises?

A plaintiff must prove that the defendant controlled the property during an accident or injury. This requires a plaintiff’s personal injury lawyer to prove to the jury how the property owner or manager had control over the safety of visitors. In this scenario, an attorney needs matter management software to swiftly organize and manage evidence to prove negligence.

Did the defendant unintentionally cause the injury by neglecting duty?

Plaintiff’s attorney must prove that the owner had a duty to control or maintain the property. If the jury is convinced that the property owner neglected the duty of care and ensuring safety on the premises, a plaintiff will have succeeded in the lawsuit. However, an attorney must be vigilant and use the legal calendaring software to avoid confusing dates, which may compromise the verdict.

Is the owner’s negligence a substantial factor that resulted in the injury?

The jury must be convinced that the owner’s negligence was a substantial aspect that resulted in the injury. The harm caused must be directly related to the defendant’s negligence. The plaintiff must prove how the defendant’s negligence was the sole cause of the injury. A lawyer proving the extent of negligence requires a Law firm workflow software to automate tasks and reduce errors.

What is an example of premises liability law?

One of the premises liability laws that favor the plaintiff is the law on customers (invitees). Now, what does premises liability mean in this scenario? The law clearly states that the property owner is responsible for keeping the premises safe for the customers. Therefore, proving that the owner neglected the duty of keeping the premises safe becomes easier. 

A good example is when a victim booked a hotel and got injured on the premises. It can be due to an unsafe environment, such as a slippery floor, causing a plaintiff to fall. The victim is covered under premises liability law on invitees. A plaintiff might be required to look for an expert witness if the evidence isn’t substantial. What is an Expert Witness? Someone who will help the plaintiff explain complex negligence occurrences in a court of law.

The bottom line

Now you know, “what is premises liability?” It is a legal concept covering victims injured on someone’s property. A plaintiff must prove that the property owner neglected the duty of making the premises safe for the occupants. The jury applies premises liability law which varies depending on the State. 

An attorney representing a plaintiff requires personal injury case management software to organize and manage evidence to prove negligence. If you’re looking for reliable case management software, CloudLex is the best option for you. Request a demo of Cloudlex by contacting us at 1 (646) 415-8307 or email at [email protected]

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