Elements of a Good Premises Liability Case

Property owners or those who occupy the building owe their customers and visitors a duty to keep them safe from becoming injured. They are responsible for maintaining the property by ensuring that all necessary repairs are taken care of. If there is currently construction underway, they have a legal duty to warn the public about potential hazards by placing warning signs and/or cones around the area. If they fail to do so, the injured victim may have good cause to file a premises liability lawsuit.

Legal Elements for a Successful Case

The legal theory of premises liability is based upon the general principles of negligence. The injured victim must be able to establish these three legal elements before they have a viable case:

• A duty existed by the defendant to use reasonable care in keeping visitors safe
• The legal duty was breached due to negligence of the property owner
• The breach was the proximate cause of the defendant’s injury

When determining liability, it must be proven that the individual had a legal right to be on the property. If the person was trespassing and is injured, they cannot recover damages unless the property owner knew or should have known there was a possibility of trespassers being injured on the premises.

Clean-Up in Aisle 3

It is a well-known fact that many slip and fall accidents occur in grocery stores every day. Spilled liquids and other items left on the floor can be a potential hazard. They are responsible for cleaning up these dangerous conditions within a reasonable timeframe. Many warehouse stores stack inventory so high that it creates the danger of objects falling onto the customer. The plaintiff may be able to prove that the store owner was negligent because they should have anticipated the likelihood of an accident occurring. For a premises liability claim to be successful, the plaintiff must have evidence that proves their case. This might include:

• Security video obtained from the store clearly showing items were left on the floor for long periods of time
• Witnesses who saw the incident occur
• Current or former employees who can testify that the store routinely practiced unsafe operations
• Previous cases showing that the store has been negligent in the past

Large business owners typically have a host of legal experts that are ready to dispute your claim. They may even argue that your own carelessness contributed to the injury. Even if the hazardous condition was obvious, the injured victim may still have a right to recover compensation.

A Personal Injury Lawyer’s Opinion

Property owners can even be held liable for violent crimes committed against people on their property. If they failed to provide adequate security or poor lighting was party to blame, they can be held legally liable for the defendant’s injuries. If you have been injured due to negligence while on someone else property, it is important to contact a personal injury attorney for advice about your specific case.