When it comes to personal injury law, premises liability cases address injuries that are caused by a property owner’s negligence or failure to maintain his or her property. These types of cases can pertain to both residential and business properties and oftentimes include slip and fall accidents, construction accidents that harm visitors, and assaults that take place because the property owner has failed to install adequate security cameras, lights, or motion detectors. In many cases, premises liability can be difficult to prove, in large part because of the complicated nature of these types of cases. While all property owners have a responsibility and legal obligation to manage their property and maintain it in a way that makes it safe for themselves and others, this isn’t always the case. A premises liability lawsuit may be brought against a negligent or dismissive property owner of either a commercial or private property. While the laws regarding a property owner’s duties in maintaining their piece of land or premises in general may vary from state to state, the basic underlying fact is that all property owners have an obligation to keep their land and the buildings on it safe for all authorized visitors and those conducting business there.
If you have been injured because a property owner failed to maintain their land or the buildings on it, please contact a personal injury attorney from Wormington & Bollinger. We will go over your case with you and help you determine whether or not you have a premises liability claim on your hands. If so, we will be by your side moving forward and will make sure that no stone is left uncovered.
Due to how complicated these types of cases can be, we thought it would be helpful to go over some of the elements that must be proven in order to win a premises liability case:
- You must be able to prove that there was a pre-existing condition on the property in question that posed a risk of injury to you and others who visited the property
- You must be able to prove that the property owner either knew or should have known that his or her property was in poor condition or inadequately maintained, posing a risk of injury to others
- You must be able to prove that the property owner in question could have anticipated that there was a danger on his or her property that visitors would not be able to protect themselves against. And with this, the property owner failed to take action with necessary maintenance or changes to the property in order to avoid injury or dangers to others
- You must be able to prove that the property owner was negligent and that he or she either created the dangerous condition on their property, knew about it and ignored it, or should have known about it
- You must be able to prove that you or a loved one as injured on the property in question
- You must be able to prove that an injury took place as a direct result of the dangerous condition on the property in question
These are just a few of the things one must consider before filing a premises liability claim. If you are able to prove all of the above and would like to learn more about your options, please contact a premises liability attorney from Wormington & Bollinger today.