Premises liability is a legal concept that typically comes into play in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property.
However, simply because you were injured on someone’s property does not mean that the property owner was negligent. And, simply because the property might have been in an unsafe condition does not automatically mean that the property owner was negligent. You have to show that the property owner knew or should reasonably have known that the premises were in an unsafe condition, and still failed to take proper steps to remedy the situation.
Examples of Premises Liability Cases
Slip and Fall. These are the most straightforward premises liability cases. They occur when you slip (or trip) and fall on someone else’s property. Thousands of people are seriously injured in slip and fall accidents every year when they trip on torn carpeting, jagged concrete, or slip on a recently-polished floor, or a wet or slippery surface.
Sometimes the property owner is legally responsible, sometimes they are not. To determine liability, one of the following must apply:
- The property owner or an employee caused the dangerous condition.
- The property owner or an employee was aware of the dangerous condition, but ignored it.
- The property owner or an employer should have known because any reasonable person taking care of the property would have discovered the hazard and handled it.
Negligent or InferiorBuilding Security. If someone breaks in (or simply walks in through an unlocked door) and assaults or kills someone inside the building, that person may have a premises liability case against the building owner if it can be shown that the building owner did not take reasonable steps to secure the building. If someone is a victim of a violent crime while on a residential or commercial property, they may be able to file a lawsuit on the grounds of negligent security.
Swimming Pool Accidents. For this reason, most states and municipalities have laws and ordinances requiring that swimming pools have a fence around them, often with a locking gate.
Premises Liability Attorneys Can Help
Are you considering talking to an attorney about an injury you sustained on someone else’s property? At, Brandon J Broderick, Attorney at Law, we believe in compassion and empathy and want to help. Contact us today for a free consultation. With our proven track record of success, we can get you the justice you deserve.