How Premise Liability Cases Work

By on 7-12-2016 in Uncategorized

A premise liability claim is filed by an individual who was injured due to dangerous conditions which should have not been there in the first place. In cases like these, the property owner should be deemed liable for the accident. According to the website of Karlin, Fleisher & Falkenberg, property owners have the legal obligation to reasonably maintain the safety of their promises.

Proving Liability

In a premise liability case, negligence on the part of the owner is the main contention of the claim. If the landlord removed the dangerous situation, the injury would not have happened. To be successful in a premise liability case, four elements need to be present:

Defendant Owned, Occupied, or Leased The Property

The first thing that you must prove in premise liability is that the defendant owned, occupied, or leased the property. As such, they had the duty to conduct an inspection of the property and ensure its safety for occupants.

Defendant Showed Negligence In The Use of the Property

Another element of a premise liability claim that needs to be proven is negligence on the part of the property owner. The plaintiff must prove that the defendant failed in their exercise of duty of care as required by the situation.

Traditionally, the liability of the defendant depended on the status of the person entering the premises. Nowadays, however, the principle of ordinary negligence is being used to prove fault. With the new approach, the defendant’s duty of care extends to informing visitors of any potential danger they might not be aware of which is impossible for you to reasonably discover on your own.

You Were Injured

The next element in a premise liability claim is to prove that the negligence caused injury to you. Your testimony as well as that of doctors who treated you can back up your claim. The doctor can prove how your injuries and current medical care will impact different aspects of your life.

The Defendant’s Negligence Was a Substantial Factor in Causing Your Injury

The last element you must prove is that the negligence of the property owner played a huge factor in causing your injuries. It should be reasonably foreseeable in light of the defendant’s action or inaction. The negligence of the defendant need not be the main cause of injury but should have a material contribution to your injury.

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