What Is Premises Liability and How Does It Work?

In the world of personal injury, there is a term called “premises liability.” Perhaps you’ve heard this mentioned in a publicized case about someone slipping and falling at a popular restaurant, or stepping on a nail outside of a major construction site. Essentially, premises liability covers personal injuries that occurred due to some kind of defective or unsafe condition on someone’s property.

Like most personal injury cases, negligence is the deciding factor in a premises liability claim, and it is up to the claimant and their legal counsel, to demonstrate negligence on the part of the property owner. However, even if you were injured on another’s property, it doesn’t automatically mean it was their fault, or that you are automatically eligible to file a case against them. It must be proven that the property owner or manager did not provide adequate care to the property, resulting in unsafe conditions.

There are many different examples of unsafe conditions on a property, and these may apply to either a commercial or residential property: broken stairs, protruding nails/screws, slippery walkways, dangerous animals, faulty gas or electrical facilities, toxic chemical leaks, and many more. In terms of personal injury cases, premises liability may factor into any of the following cases:

  •       Dog bites
  •       Slips and falls
  •       Snow/ice accidents
  •       Preventable robbery or assault
  •       Swimming pool accidents
  •       Fires or floods
  •       Amusement park accidents

Only a qualified premises liability attorney in Orlando can properly assess your circumstances and determine whether you have a viable case, but it’s always a good idea to pay close attention to your surroundings. One of the keys to winning a premises liability lawsuit is to document the dangerous condition and your subsequent injury, using photos, video, and witnesses.

Depending on the individual property, the management company that oversees it, and any signage that may release liability, you may or may not be able to file a personal injury case. In some areas, and under some contracts, only certain people may be protected by premises liability laws. Generally speaking, people are categorized as invitees, licensees, or trespassers, and these may be treated differently under the law. However, it is commonly accepted that property owners should maintain their grounds and facilities for the safety and security of all who enter.

If you have been hurt through no fault of your own on someone else’s property, reach out to Nater Law today and ask for your free consultation.

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