What You Should Know About Premise Liability Laws
Premise liability laws relate to the legal principles that hold the property owners responsible when people get hurt on their premises. The law states that the building owner should maintain a safe environment, otherwise they may be subject to legal liabilities. Premise liability is mainly caused by negligence, and different states use various rules and statutes to determine the compensation that one can get if they get injured after visiting a specific place.
The most common types of accidents resulting from premise liability include wet floors, faulty stairs, unmarked hazards, vicious animals, and snow-filled driveways. To get fair compensation, you should file a lawsuit against the landlord. Read on to learn more about premise liability laws.
What is the Legal Status of the Visitor?
Different types of visitors can claim compensation if they are injured at other people’s places. An invitee is a person who has been invited to a place and this also includes customers or clients visiting the place. The property owner is responsible for making reasonable steps to ensure that the environment is safe for all visitors. A social guest is another type of visitor to any property while a licensee visits a property for a specific purpose.
There is also what you call a trespasser, which is a person who enters the property without the authority to do so. In the case of trespassers and licensees, getting compensation for premise liability may be more difficult. However, if the property owner knows that trespassers are likely to enter the property, they must ensure that they provide a warning to prevent injuries. Failure to provide warning signs at the premises can result in a premise liability lawsuit.
Consult an Injury Attorney
It is essential to consult your attorney if you are injured so that they can determine if you are entitled to compensation. If you were injured in Virginia, a personal injury lawyer in Charlottesville will help you file a claim. Experienced attorneys know the law and they also have better negotiating skills, which can help you get the compensation you deserve. The other advantage of hiring a lawyer is that you don’t need to pay any upfront legal fees until the case is finalized and you receive your due benefits. Most injury lawyers operate on a contingency basis where they recover the payment from your settlement once the case is closed.
The Condition of the Property
The laws in different states hold that the landlords have a duty of care to ensure that every visitor is reasonably safe when they visit the property. In determining property liability, different factors are considered like the circumstances under which the injured person entered the property. It is also vital to determine how the property is used. The landlord should make an effort to repair all the dangerous conditions that can pose a danger to the visitors. On top of that, the property owner should warn the visitors about the existence of danger so that they take the necessary precautions.
Limitation of Premise Liability
In many states, the principle of comparative fault is applied when handling cases related to premise liability. Under this rule, the injured person may also be considered to be partially or fully responsible for what transpired leading to their injury. Under such circumstances, the victim may not recover damages for the injuries suffered. A visitor also has a duty to ensure that they exercise reasonable care for their safety when they enter different properties.
Where the plaintiff fails to exercise reasonable care, their settlement can be reduced due to their negligence, and the court will consider their contribution to their injury. Many states consider the “comparative fault system” to determine injury cases that may arise from accidents that occur in various properties. Therefore, to properly settle the case, you should enlist the services of a professional lawyer and get advice on how you can further pursue your case.
If you are injured on someone’s property, you may be entitled to get compensation for your injuries. The laws in different states hold landlords responsible for ensuring the safety of all visitors. In other words, they should ensure that the place is free of hazards and any dangerous conditions that can lead to injuries. There are other things that you should know about premise liability claims, and one of them is that the plaintiff may also be held responsible for the accident and thus, the settlement may be reduced. In such situations, it is always a good idea to engage the services of a professional attorney, especially if you want to get a fair settlement from a premise liability claim.
