You may have heard the phrase “premises liability,” but unless you are involved in a legal case, you may not know what it means. At Abogados Campeones, we believe that everyone should be aware of what premises liability means. After all, accidents and injuries can happen anywhere, to anyone.
What is Premises Liability?
Premises liability is a legal term referring to a property owner’s legal responsibility for injuries that someone else sustains while on their property. Property owners have a duty to maintain a safe premises that is free from hazards, or clearly identifies hazards that do arise. This includes all types of property, including:
· Retail space
· Public areas
· Parking lots
What is a Premises Liability Claim?
If someone is injured on the property due to a hazard or unsafe condition, the victim may be able to file a lawsuit, called a premises liability claim. This claim attempts to recover damages from the property owner, such as medical bills or lost wages. In order to obtain damages, however, the victim must be able to prove that the property owner is responsible for his or her injuries. To do so, the victim must prove:
· The defendant is the owner, manager or occupier of the property
· The defendant was negligent in use or maintenance of the property
· The plaintiff was injured due to a hazard or unsafe condition
· The defendant’s negligence contributed to, or caused the injury
In short, the victim must establish that the property owner knew about the hazard and failed to warn or correct it, or that the property owner should have known about the hazard. Common examples include:
· A property owner knew about a leak but failed to place wet floor signs or correct the leak.
· A property owner ignored complaints about a broken sidewalk and did not address it.
· A property manager should have known that exterior light bulbs were blown.
If the victim can show that the property owner or manager was negligent in failing to recognize or correct a hazard, then he or she may proceed with a premises liability claim.