Premises Liability: Your Rights

If you incur an injury at your place of work, or at somewhere else you frequent, you may have rights to financial compensation, because work premises and other premises have premises liability.

Premises liability refers to the legal responsibility of property owners or managers for injuries caused by dangerous conditions on their premises. Perhaps surprisingly, this type of liability applies even if the injury was caused by another person’s negligence. The owner or manager is liable only when he or she has failed to take reasonable precautions against risks that are foreseeable.

When Is An Owner Or Manager Liable For Damages?

For example, a restaurant owner who fails to protect his customers from falling objects in the kitchen could be held liable for any resulting injuries. However, if someone slips on spilled food, the restaurant owner would not be responsible. In addition, the owner or manager cannot be held liable for injuries caused by defects in the building itself (such as faulty plumbing) unless they knew about them before the accident occurred.

Hazard Warnings

The law also requires that the owner or manager take reasonable steps to warn people about known hazards on the property. This duty usually arises when there is some kind of warning sign posted on the premises.

Types Of Premises Liability Claims

Premises liability claims can arise out of many different situations, including (but not limited to):

• A slip-and-fall incident in which someone trips over something on the floor;

• An employee getting hurt while working on the premises;

• Someone being injured by a defective product that was manufactured or sold by the business;

• A customer being injured due to a dangerous condition on the premises;

• An animal running loose or left unattended on the property;

• A fire started by the business;

In all cases, the owner or manager must exercise ordinary care to ensure that the premises are safe for visitors. This means taking reasonable measures to reduce or eliminate risks that are reasonably foreseeable.

Reasonable Measures To Reduce Or Eliminate Foreseeable Risks

For example, it might be foreseeable that someone will trip over a rug in the lobby area of a hotel. Therefore, the hotel owner should remove rugs from common areas where guests walk. It might also be foreseeable that a guest will fall down stairs, so the hotel owner should make sure that the stairway is well lit.

Injuries In Your Place Of Employment

If you were injured at a place of employment, you may have rights under workers’ compensation laws. Workers’ compensation benefits include medical expenses, lost wages, and disability payments. You do not necessarily need to prove fault to receive these benefits. Instead, the employer must pay regardless of whether the injury was caused by its own negligence or the negligence of another party.

Filing A Lawsuit

You may file a lawsuit to recover damages for personal injuries suffered on the defendant’s property. If you win, you may be entitled to recover money for past and future medical bills, pain and suffering, loss of earning capacity, and other costs associated with your injuries.

To file a claim against an owner or manager, you must first notify the person in charge of the property. The notice needs to state what happened and how you believe the accident was caused.

A lawyer can help you understand your legal options and determine whether you have grounds for filing a lawsuit.

Finding A Good Lawyer

Finding a good lawyer is key to successfully filing a lawsuit that is linked with premises liability. (Or for a great many other types of lawsuits for that matter.)

First off, a lawyer who knows their stuff will be able to tell you straight away whether you have a case worth pursuing. And they will be able to make a case on your behalf. They will be well positioned to do this because they have studied the ins and outs of such matters and they will be experienced in dealing with such situations.

The best example I can offer up to you is Gibson HiIl Personal Injury, over at https://www.gibsonhillpc.com/. They know their stuff, they treat their clients like family, and they’ll tell you about all the different types of evidence you need to collect to help your case. And above all, they’re a smart team who will fight hard for your right to compensation.

Having incurred an injury can sometimes leave you without a means of making for who knows how long, and the team over at Gibson Hill really gets it, and that makes all the difference.

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