When a hazardous condition on a property leads to you sustaining injuries, you may have a personal injury claim. Under the theory of premises liability, a property owner must keep their property free from dangers. If unable to remedy the condition, property owners must warn visitors of the potential hazards. When the property owner fails to behave reasonably, they are financially responsible for the resulting injuries and losses.
Importantly, premises liability is not a strict liability—property owners are not responsible for every accident that happens on their property. To determine whether you have a potential claim for your injuries, consult a Fowler premises liability lawyer. Our trusted personal injury attorneys can evaluate the circumstances of an accident and outline your options for recovery.
Types of Premises Liability Claims
Premises liability arises when a property owner fails to keep their premises in a reasonably safe condition. When they know—or should know—that a hazard exists, they have a duty to repair it as soon as possible. It is not always possible to remedy a situation immediately. In those instances, the property owner must take steps to warn people about the potential danger.
Slip and Falls
Slip and fall accidents are a leading cause of premise liability injuries. Anything that can contribute to someone losing their footing and slipping, tripping, or falling can contribute to these accidents. Some hazards include wet floors, loose carpet, cords or other obstructions on the floor, and faulty steps or handrails.
Dog Bites
Animal attacks are another type of premise liability claim. Property owners are strictly liable for dog bites and most other animal attacks. Strict liability does not mean they will always be responsible, but it does mean the state begins by assuming the property owner is at fault. The property owner can rebut that presumption by providing evidence that the victim was actually responsible for provoking or causing the attack.
Swimming Pool Accidents
Swimming pools and other artificial sources of water like hot tubs or fish ponds are tempting hazards often known as attractive nuisances because they attract children to their dangers. The property owner’s duty to others extends beyond a duty to guests—they also should secure these properties from potential child trespassers.
Negligent Security
Negligent security is a fascinating area of premise liability. In these cases, an intervening third party is the actual cause of the damages. Private residence owners do not owe their guests a duty to protect them from third-party criminal activity. However, property owners and landlords could be responsible if they are aware of a security risk and fail to address or remedy it.
A Fowler premises liability attorney can review the details surrounding an event to determine its cause and who could be held legally liable for the resulting damages.
Who Can Bring a Premises Liability Claim?
Anyone who is legally on the property has a reasonable expectation that the property will be safe. However, determining whether or not a person has a premises liability claim is fact-specific. It is not enough that the person experiences injuries. The injuries must be the result of a hazardous condition. Additionally, the duty of care an owner has toward a specific person depends on their reasoning for being on the property. Invitees, guests, and licensees are all legally on the property.
Invitees
Invitees include people who are on a property for business purposes that benefit the owner, such as customers at a store, patrons in a restaurant, or even a repairman. Invitees are owed the highest duty of care, which includes regularly inspecting the property for potential hazards, promptly addressing any dangerous conditions, and warning of any known hazards.
Licensees
Licensees are lawful visitors who enter a property for personal reasons, such as social guests or someone who stops in a store to use the restroom but not to shop. Property owners must still warn of any known dangers, but they do not have the same duty to inspect for unknown hazards.
Trespassers
A property owner does not owe any duty towards someone who is on their premises illegally except to not intentionally cause them harm. However, there are exceptions made for child trespassers.
A premises liability attorney in Fowler can compare the circumstances to the reasonable person standard to determine liability and whether a person has a viable claim.
Consult a Fowler Premises Liability Attorney Today
You have a right to assume that the property you visit will be safe or that the property owner will take steps to keep you from harming yourself on known hazards. When they fail to do so, and you are injured as a result, they may be responsible for financial compensation.
To find out if your injuries may be covered, it is essential to consult a Fowler premises liability lawyer. Schedule a meeting to find out more about your potential remedies. Our team is always available for calls.