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Premises Liability - Who Is At Fault?


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12/4/2008
Brent Adams
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Premises liability can be a complex issue that covers a wide range of accidents many personal injury attorneys consider to be difficult situations. This is because the core of premises liability is determining who is at fault. By definition, the term “premises liability” refers to the body of law that fixes responsibility for injuries sustained by a third party on the person who is in possession of a premises or piece of land. What this means is that the person who occupies the land and has intent to control it is responsibility for ensuring that it is safe and free of obvious hazards.

Slip and fall accidents are some of the most common under premises liability. Typically, these occur when we least expect. We could be walking through a store and suddenly slip on the floor or trip over a loose stone in a walkway at a restaurant and break a bone. Such injuries could be easily avoided if a warning of a wet floor had been posted or the stone fixed. But the complicated part is if there was a sign warning of a wet floor and you slip due to your own inattention, you may not be able to prove liability. There is no set way to determine blame in a slip and fall case as no two are alike. An experienced personal injury attorney could help you determine if you have a case.

In a premises liability suit, a court will examine how long a situation existed and whether or not the property owner was careless or unreasonable in allowing it to exist or whether a warning was given and you ignored it. The court will also determine if the victim is a “reasonable person.” For example, if the victim was trespassing on the property owner’s or doing something he or she shouldn’t have, the victim’s own actions will be taken into consideration.

In the case of premises liability, children are a protected class. A special group of laws apply when a child suffers injuries on someone else’s property. Typically in these cases, something called “attractive nuisance” is involved. These cases often end in tragedy. An “attractive nuisance” is a dangerous premises that may pose interest for a child.

Workplace injuries are also under premises liability law. Worker’s compensation law holds employers strictly liable for the majority of on-the-job injuries, but the amount of collectable damages for the injured party. An experienced personal injury attorney could help you determine if other issues, like product liability, could be involved in a work accident.

Premises liability cases come with a time limit, so contacting an experienced personal injury attorney quickly after an accident is important.



Category: General


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