Premises laws demand all owners to uphold reasonably safe premises for anyone they allow inside or on the property. Failure to do so could result in legal action if someone is injured. This serious matter could affect many individuals, including guests invited into private property, patrons, utility workers, service providers, and civil servants. To understand your rights in such a situation, it’s crucial to grasp these three critical aspects of premises liability laws.
1. The Legal Right to Be on the Property
Under premises liability laws, the claimant must show they were on or inside the property legally. For commercial spaces, the victim must have been on the property during business hours or in a publicly accessible area when they sustained injuries. For private homes and similar properties, the owner must have invited a guest onto or inside the property. The exceptions are visitors, such as utility workers, who must enter the property to complete their jobs.
However, entering the property unlawfully, such as trespassing or during the commission of a crime, invalidates the individual’s right to sue for injuries. Filing a lawsuit for premises liability-related injuries requires you to prove your legal right to enter the property.
2. A Failure to Warn Visitors About the Hazard
The property owner, manager, or person in charge must warn visitors of all known hazards. For example, a simple condition such as a wet floor in a grocery store requires a wet floor sign to alert customers of slip-and-fall hazards. Placing warning signs around hazards protects the owner against liabilities. However, without signs, the owner is liable for injuries.
The hazard type defines the owner’s duty to visitors. For example, a construction site requires more profound warning signs and public alerts. Regulations for construction zones define what sign types, barricades, and warnings are required to warn the public. The construction company must also ensure that outsiders do not enter these areas unlawfully. Speaking to an attorney can define what premises liability laws apply to your case.
3. Establishing the Owner’s Knowledge of the Hazard
According to premises liability laws, the owner must perform maintenance to prevent hazards. Routine maintenance can ensure the owner remains aware of dangerous conditions and remedies them promptly. However, in some cases, property owners may claim that they were unaware of the condition or that the hazard wasn’t within an area of the property where it was easily noticeable.
Substantiating a legal claim requires proof that the owner knew about the dangerous condition and failed to correct it. Images of the hazard and location could support the victim’s claim and prevent these tactics from discrediting it.
Premises liability emerges when property owners fail to maintain their property, resulting in an injury-producing hazard. Victims of these dangerous conditions need proof of the hazard, their injuries, and the owner’s awareness of the hazard. They must also show that they were on or inside the property lawfully. In premises liability cases, victims could receive economic, non-economic, and punitive damages if they win. Hiring an attorney helps victims prepare a claim against the liable property owner.
