Every year, millions of people are injured on the property of someone else. In some cases, these injuries are unavoidable and just come down to bad luck. However, that isn’t always the case.
Many accidents are preventable and are the result of negligence from the property owner. In such instances, the victim may be able to file a personal injury claim based on premises liability. To be successful, negligence will need to be established.
What is negligence in premises liability claims?
Did the visitor have good cause to be there?
Firstly, the owner of the premises must have owed the visitor a duty of care. Generally, this means that the visitor must have had good cause to be there. For example, a visitor entering an open shop or a swimmer entering a public pool to exercise. Both have good reasons to be there and the owners owe them a duty of care.
In most cases, property owners do not owe a duty of care to trespassers, but there are some exceptions. For example, if the property owner left the property in a dangerous state and made no effort to restrict trespassers from entering the area.
Was the duty of care breached?
Property owners cannot account for every single accident. However, they do have a responsibility to take appropriate safety precautions to protect visitors. For instance, there should be known obvious trip hazards. Lighting in any public building should also be effective so that visitors can see where they are going. Buildings that are open to visitors should be well-maintained. Failing to properly care for a property could result in a breach of duty.
Was the visitor injured?
A personal injury lawsuit requires quantifiable injuries. Usually, these are physical, but they may also include things like psychological harm and loss of enjoyment in life. For a premises liability suit to stand, the injuries must be a direct result of the accident that happened on the property.
If you have been injured in an accident that you feel was preventable, it may be helpful to look into your legal options.