Answers to questions about personal injury cases arising out of a landowner or management company’s negligence or fault.
What is premises liability?
Premises liability is the law governing the responsibility of land owners or those controlling real property to make the premises safe. Any scenario resulting in injury on property is the subject of this area of law including drownings, slip and falls, other fall down accidents, construction site accidents and attacks due to negligent security among others.
What if the person injured on property was a trespasser? Do trespassers have legal rights?
Under some circumstances, trespassers do have the right to sue for injuries. This is particularly the case if child trespassers fall within what is known as the “attractive nuisance” doctrine. A trained premises liability attorney will understand the distinction between invitees, licensees, and trespassers and will know that different legal duties apply to each.
How does one prove that defendant is at fault in a premises liability case?
Proof in these types of cases comes in a variety of ways. Sometimes it requires retaining an expert such as in a case where code violations are alleged or in a negligence security case to establish high crime in the vicinity. In other instances, liability may be established through fact witnesses that can verify the premise of a dangerous condition for a sufficient period of time. In a few cases, the res ipsa loquitur doctrine may act as a short cut if the defendant had complete control over the object which injured the claimant.