Thursday, April 4, 2013
What is the premises liability definition?
The premises liability definition says that negligent property owners are responsible for injuries on the property. A Westerville injury law firm can help injured victims.
Under the premises liability definition, a negligent owner may be found liable for injuries that happen on his or her property, such as in a slip and fall accident..
Per the premises liability definition, who can be held liable for injuries sustained on another person's property?
It can be complicated determining who is liable when an individual is injured on another person’s property. For instance, storeowners would be responsible for injuries that happen in the store.
However, if a patron is injured on the sidewalk in front of the store, this is generally considered government property. Therefore, a local or state government agency might be liable instead.
But if the storeowner was aware of a defect in the sidewalk and did not repair it, then the storeowner may be liable. This can get very confusing, and many slip and fall or other accident victims consult a Westerville injury law firm for help.
For the most part, it comes down to ownership. Whoever is the owner, landlord or possessor of a property could potentially be found liable for injuries. Therefore, this means that a premises liability claim could arise out of physical harm sustained on commercial, government or private property.
How can a property owner be held liable for injuries?
Under the premises liability definition, in order to hold an owner liable for injuries on his or her premises, it must be proven that the conditions were dangerous. However, this in itself doesn’t automatically define the validity of a premises liability claim.
There must be proof of negligence, too. Although this type of situation is rare, one way is by establishing that the owner actually created the dangerous condition. More common is that there was a failure to correct it when the property owner was aware of the hazard or defect.
While there are no hard-fast rules when it comes to how long a hazardous condition should exist before the owner is expected to be aware of it, in some situations it might be a bit more obvious.
For instance, if the steps had been icy for several hours before a patron was in a slip and fall accident, this would likely be considered neglectful on behalf of the owner. A Westerville injury law firm can help evaluate and establish a property owner's negligence.
The following are examples of situations where an owner might be held liable for injuries sustained on his or her property:
• wet surface;
• faulty design;
• failure to provide adequate lighting;
• broken handrails or steps;
• cracked/uneven pavement; and
• defects in elevator or escalator.
Victims of these or other accidents and who are concerned regarding the premises liability definition may seek consultation at a Westerville injury law firm for assistance.
Who can file a premises liability claim?
Anyone who has sustained serious injuries on another person’s property – such as in a slip and fall accident – may be able to file a claim. However, what will be taken into consideration is whether or not the injured person who was in the slip and fall accident had the right to be on the property, which victims may discuss with a Westerville injury law firm.
For instance, per premises liability definitions, trespassers generally would not be entitled to file a claim if injured on someone’s property. When there is no legal right to be there, this will usually prevent recovery of damages.
However, this may be different regarding children. For example, if a child goes into a neighbor’s backyard and falls into the pool, the property owner might be found liable if there wasn’t a fence, gate or another type of barrier that would prevent a child from be injured.
But if the person had the legal right to be on the property, he or she would likely be entitled to file a claim. Examples include a person who is invited to a party at a private residence or the patron of a store who are in a slip and fall accident.