09 Aug What Is Premises Liability?
Owning property comes with a list of responsibilities, including maintenance and management. The property owner is held responsible for providing a relatively safe environment for any visitors, customers, or tenants on their Premises. Unfortunately, safety issues can occur and result in significant injuries. Victims injured on someone else’s property can face several legal hurdles when pursuing compensation for their damages. At Tannenbaum, Bellantone, & Silver, P.C., our team is here to help you achieve the compensation you deserve for your pain or loss. Please continue reading to learn more about Premises liability and how our team can help.
What Is Premises Liability?
One legal concept that often comes into play in personal injury cases is Premises liability. Premises liability is a type of personal injury that occurs when you claim to have been affected by dangerous conditions of a property and believe that the property owner should be held responsible. If you were injured as a result of unsafe conditions on a property, you would need to prove the following elements:
- You were on the property lawfully.
- The owner of the property was negligent in managing the unsafe conditions.
- This negligence led to your injury.
In trespassing cases, the property owner does not owe you a duty of care, making them not liable should you become injured on the property. There are two exceptions to this rule. If the property owner is aware that a trespasser is on their property, the owner can be held liable for injuries. In the event of a child trespasser, if there is a condition on the property that would be considered attractive to children, the owner is held liable. An unfenced pool would be an example of an attractive nuisance.
Duty of Care
You may be familiar with the duty of care in the context of personal injury cases, but in the context of Premises liability, the property owner has a responsibility to maintain the property to prevent the occurrence of foreseeable accidents. This can include the obligation to warn tenants or visitors about potentially dangerous conditions not readily observable. However, a property owner cannot ensure the safety of people on their property and has no obligation to warn or protect against obvious conditions that are not inherently dangerous. The area of premises liability has a broad scope, but slip and fall accidents account for many premises liability claims. Tannenbaum, Bellantone, & Silver, P.C., has extensive experience in handling premises liability cases involving:
- Elevator or escalator accidents.
- Sidewalk falls.
- Ceiling, deck, or balcony negligence.
- Defective stairs.
- Dog bites.
- Construction site accidents.
- Swimming pool accidents.
If you are injured unexpectedly while on another person’s property, it’s best to consult with a seasoned premises liability attorney as soon as possible.
How Much Is My Case Worth?
Our dedicated team works tirelessly to fight for the compensation you need to make your injuries a thing of the past. The amount of compensation you receive will depend on the specific circumstances of your case. You may be entitled to the following premises liability damages:
- Lost Wages.
- Medical Expenses.
- Emotional and Physical Pain and Suffering.
- Wrongful Death.
- Loss of Life Enjoyment.
Proving liability in these cases is not always an easy undertaking. Our experienced legal team will use our knowledge to your advantage and manage the details of your case so you can focus on healing and your recovery.
Sustaining catastrophic damages through no fault of your own seems unfair when you consider the emotional, physical, and financial hardships that often ensue. When you partner with an experienced premises liability attorney at Tannenbaum, Bellantone, & Silver, P.C., you can be sure that our team will fight tirelessly on your behalf. If you were injured on someone else’s property, contact our team today for a free consultation.