Premises liability is one of the concepts that refers to the responsibility of the property owners to take care of the safety of the individuals that enter their property.
It means that if a person is present at someone else’s property and gets injured due to conditions that are unsafe for them, the owner of the property is the person who needs to be held liable for the injury.
A car accident attorney in Houston TX can help you understand the depths of such cases and the whole process of suing someone.
Common Scenarios of Premises Liability
Premises liability can arise due to a number of scenarios. It is the duty of the property owners to create a safe space for the ones that are on their property. Let’s see what scenarios cause promises liability.
Falls and Slips: One of the most common scenarios in the case of premises liability is the slip and fall accidents. These incidents are happening for a number of reasons. These can be uneven surfaces, wet floors, and even snow accumulation in the areas where there is snowfall.
It is the responsibility of the property owner to make sure that they address all the issues in their property that can warn the people around so that such liabilities can be dodged.
Insufficient Security: In some cases, it is seen that the premises liability cases arise due to insufficient and inadequate means of security on the property. Property owners shall be held responsible for the injuries to persons who have been hurt as a result of criminal activities, such as attacks or thefts, that could have been avoided if they had taken appropriate preventive measures before, like surveillance cameras, proper lighting, and security personnel.
Swimming Pool Accidents: These are also one of the common injuries that occur in premises liability cases. So, it is the responsibility of the owners to take care of the pools in a way that they make sure that the cleanliness of the swimming pool is taken care of or the condition of the pool is kept up to date.
Animal Attacks: If there is a pet owned by the property owners, it is their responsibility to make sure that the dog or any other animal is well-trained. If an untrained animal is kept at the property, or if there have been previous complaints in the past, then it is completely over to the owner to make sure that they pay for the damages.
Other Dangerous Conditions: There is a wide range of hazards that are considered to be pretty dangerous when it comes to premises liability. These can be hazardous materials, faulty handrails, or any other issue like broken stairs.
Proving Negligence in Premises Liability
Proving negligence is the major thing dependent on which it can be decided if the property owner must be sued or not. There are four key elements that need to be established when it comes to negligence.
Breach of Duty: Once the party is aware of the duty of care, then comes the breach of duty, which needs to be proven before any case is filed. This usually means that the owner failed to take the steps that he had to.
The breach may be the actions such as the failure to remedy identified risks, leaving visitors not properly informed about threats, and not being able to carry out regular maintenance.
Duty of Care: This is usually the very first element that comes into consideration when we talk about premises liability. This depends a lot on the status of the visitor. Now, the owner owes great liability to the people who visit the property as compared to the ones who are licensed, which means they are allowed to enter the property anytime.
Causation: It must be proven property that the breach of duty was the major cause of the incident and the injuries suffered. In other words, the accident that occured on the property must be directly linked to the issues in the property.
Damages: In negligence cases, the damages do play a very important role. The plaintiff has the responsibility of showing that they have suffered the injuries from the premises. These damages can be the medical costs, the pain and suffering, and also the lost wages that come along.
The importance of evidence also must not be taken for granted, as the evidence does make sure what injury took place and why.
Conclusion
Premises liability is one of the major and most significant issues that occur when a party damages the property of someone else. It usually involves the attention of the property owners for synch mishaps not to occur. The victims, however, can seek compensation for the damages that have affected their lives.
