Most of our readers have probably heard of examples of the stereotypical slip-and-fall lawsuit. The concept of such a lawsuit is simple: A person slips on something at a certain location, falls, suffers an injury and then attempts to hold the property owner legally responsible by pursuing a lawsuit.
The legal theory underpinning this kind of lawsuit is known as premises liability. It holds that property owners have a duty to their visitors to address safety hazards to minimize the possibility of a foreseeable accident. When they breach this duty, and a visitor is injured as a result, the property owner may be held liable for the injured person’s damages.
Premises liability basics
But, even though the basic concept of a premises liability claim may seem simple, there is more to it, even if you analyze the most basic fact pattern. For example, was the person legally on the property in question? An invited guest? A trespasser? The status of the injured party is always a factor in premises liability cases.
Next, did the property owner actually know about the condition that led to the injury? Did the property owner choose not to correct the condition? What the property owner knew, when he knew it and what he did about it are other key factors in a premises liability claim. Lastly, can it be conclusively or convincingly proven that the fall actually caused the injury in question? Debates over pre-existing conditions, the severity of the injury and what the guest on the property did to attempt to prevent injury are also a big part of any given premises liability case.
If you suffered an injury on someone else’s property, you may be able to take action to attempt to hold the property owner legally responsible for your injuries and, as a result, pay you financial compensation. That compensation can be used to pay past and future medical bills, among other costs. Be sure to get the right information about your own unique fact pattern and the potential to pursue a claim.