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What is Premises Liability?

What is Premises Liability?

Premises liability is a legal doctrine that holds property owners responsible for injuries that occur on their property due to the negligence of the owner or occupier. This can include injuries caused by dangerous conditions, such as slippery floors, potholes, or broken stairs. It can also include injuries caused by the actions of the property owner or occupier, such as dog bites or assaults.

Who is Liable for Premises Liability?

The property owner or occupier is typically liable for premises liability claims. This can be the owner of the property, the tenant, or a manager or other person who has control over the property. In some cases, a property owner may be able to avoid liability if they can show that the injured person was a trespasser.

What are the Elements of a Premises Liability Claim?

To prove a premises liability claim, the injured person must show that:

  • The property owner had a duty to keep the property safe.

  • The property owner breached that duty by failing to fix a dangerous condition or by failing to take other steps to prevent an injury.

  • The injured person was injured as a result of the dangerous condition.

  • The injured person's injuries were foreseeable.

What Damages Can I Recover in a Premises Liability Claim?

In a premises liability claim, the injured person may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses. The amount of damages that an injured person can recover will depend on the specific facts of the case.

How Can I Protect Myself from Premises Liability Claims?

Property owners can take a number of steps to protect themselves from premises liability claims, including:

  • Regularly inspecting the property for dangerous conditions and fixing them promptly.

  • Posting warning signs about known dangers.

  • Providing adequate security to prevent crime.

  • Training employees on how to prevent injuries.

If I Have Been Injured on Someone Else's Property, What Should I Do?

If you have been injured on someone else's property, it is important to seek medical attention immediately. You should also contact an experienced premises liability attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit if necessary.


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