What Does a Premise Liability Lawyer Handle?

A premise liability lawyer handles a special type of personal injury cases. Unlike a car accident case or a medical malpractice case, under premise liability law, the person who was liable for injuries need not have done a specific action to hurt you. Instead, premise liability law applies when you were hurt as a result of unsafe conditions.

When Does Premise Liability Law Apply?

Premise liability law applies any time you claim that someone was negligent in maintaining his premises, and that this negligence led to your injury. The  unsafe conditions that lead to a premises liability lawsuit may have been in a public place, such as a sidewalk or road. The unsafe conditions might have been at a place of business, such as a grocery store or a shopping mall or department store. Premises liability law can even apply if you get hurt when you are a guest in a friend or acquaintance's home.

The Rules of Premises Liability Law

Premises liability rules divide visitors into three separate groups. The specific requirements vary by state, but the general rules stipulate that:

• Invitees are afforded the highest degree of care. Invitees are those who are asked to enter a place to do business with the owner, for the sole benefit of the owner. For example, if a grocery store has people come and shop there, those shoppers are invitees. Under the duty of care owed invitees, property owners must inspect for dangers and either correct or warn of those dangers.
• Licensees are offered a mid-level of protection. Licensees are those individuals who are invited to a premises for the mutual benefit of the guest and the premises owner. If you go to your friend's house for a visit, you are a licensee. Under the duty of care owed licensees, the premises owner generally must either correct or warn of dangers he knows about or should know about.
• Trespassers are those who enter a premises without permission. They are afforded the lowest level of care. You do not have to warn or make your premises safe for trespassers, but you cannot set traps for them either.

The Duties of Premises Liability Lawyers

A premises liability lawyer who represents an injured plaintiff must prove:

• Which level of care the plaintiff was entitled to
• That the defendant breached that level of care
• That the breach directly led to the plaintiff's injuries or was the proximate cause of those injuries
• What the plaintiff;s damages are. 

A premises liability lawyer can either negotiate a settlement with an insurance company or can argue the plaintiff's case in court.

Getting Help

If you have been the victim of a slip and fall accident or other type of premises liability accident, you should consult with a premise liability lawyer immediately. Your attorney can provide you with specific information on the laws in your state and can let you know what duty of care the defendant likely owed to you. Your attorney can also assist you in collecting evidence to prove your case and in getting the damages you deserve.