Premises Liability: Do you have a Case?

When you go on someone’s premises, whether an individual’s home or a company’s property, you have the reasonable expectation to believe those premises will be safe for people to use. If you are injured while on someone else’s property, you may have the right to pursue compensation. Before you do so, take the time to learn whether or not you have a case.

Why Are You There?

If you are invited to the property or are there as a service provider, at the consent of the owner, you have the right to expect the premises to be safe. If, on the other hand, you are trespassing on the property without permission, you may not have enough cause for a premises liability case. The owner of the property does not imply safety of the property for trespassers there without the owner’s knowledge or permission.

With that said, the owner does have the responsibility to provide warning against known hazards, through fencing and signage. Live wires, broken down buildings and bodies of water should be properly fenced or labeled. Also, if the trespasser is a child, and the danger is one attractive to children, like a pool or trampoline, the property’s owner may still be liable.

The Condition of the Property

The condition of the property is often the key to a premises liability case. If you are injured, but the property is in good repair and well maintained, you may not have a case. The court may simply say that the injuries were a result of your activities on the property, rather than the fault of the property owner. If, however, it can be proven that the property’s owner failed to properly maintain the property, and the property’s condition is the cause of your injury, then it’s worth pursuing a case.

Premises liability is not always cut and dry. It’s vital that you get proper legal help if you are facing one of these cases. Lipschutz & Friedman will help you determine the validity of your case and provide the right support, so you can focus on getting well.