Premises liability is the concept that private property owners are held accountable for accidents that occur on their properties. When a person receives an injury resulting from terrible circumstances like wet floors, broken stairs, defective lighting, poor maintenance, or other types of hazards, they might wonder who to blame or hold accountable for the incident.
Premises liability suits are frequently seen among accidents from falls, unsafe swimming pools, or job sites. The National Safety Council reported in 2023 that 885 fall deaths occurred to workers that year, with hundreds of thousands of others being so badly injured they took time off from work.
According to Connecticut premises liability lawyer Jason K. Gamsby, people are entitled to take legal action if they sustained injuries as a result of the negligence of property owners.
Let’s discuss how liability can be proven in premises liability cases.
What Is Premises Liability and Why Should You Care?
A thorough understanding of premises liability is very critical since it serves as grounds for an injured individual to seek responsibility for any injuries they suffered on a certain property.
When you fall from the slippery concrete on the floor of a store or trip over the broken pavement, you have a right to receive damages. With this right awareness on your side, payment for wages lost and medical bills can be properly claimed.
Property owners must keep their premises safe. If they fail to fulfill said duty, they may be held liable for physical injuries.
Who’s Responsible? Different Types of Property Owners
There are different forms of property owners, each with their unique liabilities related to ensuring they keep their premises safe.
Residential property owners must make sure that their homes are free of dangers that could harm individuals legitimately on their premises.
Commercial property owners have a duty to take reasonable steps to protect their customers or visitors, especially since they are benefiting economically from such visits.
Repairing things such as broken staircases or defective lighting in a rented property falls within the duties of landlords.
Government entities like public parks and buildings should also maintain safe environments for public utilization. Property owners should continually make observations of any potential unsafe conditions that could lead to serious injury.
Visitor Responsibilities in Premises Liability
The weight of the responsibility from both the property owner to keep the premises safe and the visitor to maintain their safety should be proportionate.
While the use of another individual’s property is going on, observation of the surroundings at a better level is required. Be mindful of any risky condition, like wet, uneven, or overcrowded flooring or walkways. Once something is unsafe, immediately notify the owner or person in charge of the property.
Strictly follow all signs or other posted warnings. For example, inside a store, many establishments have a sign that asks customers to avoid running while inside the premises. There are establishments that require some form of footwear to be worn in specific areas of the building. Bear in mind that these signs are placed to prevent self-inflicted harm.
Who’s at Fault in Common Premises Liability Scenarios?
If the landlord knew about a missing step and you tripped, who pays? This is one of the questions that some people who visit a property might ask themselves.
Visitors’ actions will also be evaluated. If the visitors were running or ignoring signs, then their actions might have contributed to their injuries.
Analyze what the location is like. For instance, if the sidewalk became unsalted during winter, the owners could bear the blame. Examine local regulations that might modify liability and which actions the visitors should take.
Having in mind these factors helps identify on whom to blame if an accident happens on someone else’s property.
How to Prove Liability in Premises Liability Claims
You need to establish that the owner was keeping an unsafe place to show liability. Start by taking photographs and videotaping the scene of the accident and the unsafe condition. It will also be useful if witnesses write out what they saw.
Do not forget to carry your medical billings and records to back up your claim. The evidence you have collected is key to linking the bad conditions of the premises to your injuries. Look for maintenance records to show the neglect.
Getting a lawyer who knows how to handle these cases is important. They will help you show who is responsible. Being organized and detailed is important in proving liability.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.