Most personal injury cases are based on negligence, and premises liability cases work in the same way. In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership and/or maintenance of the 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.

Types of Premises Liability Cases

There are many different types of accidents that relate to premises liability cases. The bottom line comes down to whether you were hurt on someone else’s property and whether you can sue them for damages. That said, you might not realize how the concept of notice plays into your pursuit of a claim. To start, consider the different types of premises liability claims: 

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.

Inadequate Building 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.

Notice in Premises Liability Cases

Constructive notice means that the property owner should have been aware of the dangerous condition that caused your accident and consequential injury. And, the property owner did nothing to fix the hazard. This can be a tricky part of a case and rests on proving 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.

Actual notice means just what it sounds like when it comes to personal injury cases. You or someone else has notified the property owner that a dangerous condition exists. Perhaps the condition exists as a result of improper maintenance or repair. In any event, someone has reported the potential for accidental harm. Failure to rectify the situation resulted in your injuries.

If you are injured on government property, you have an obligation to report your accident as soon as possible. For example, if you’re hurt on a college campus operated by the county or state, you must give appropriate notice after the incident. The law requires you to do so on a timely basis. If this relates to your scenario, consulting with an experienced personal injury attorney is a good idea to discuss filing a Notice of Claim.

Brandon J. Broderick, Premises Liability and Personal Injury Lawyer, 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.

Posted by: Brandon J. Bro…
Date: Mon, 01/11/2021 - 15:25

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