When we are invited on to someone’s property, we have reasonable expectations of being safe. When the property has been allowed to fall into disrepair and we are injured because of it, we seek the help of a premises liability lawyer.
Some of the more common premises injuries happen in a slip and fall accident. This may be due to sidewalks or walkways that have holes or loose materials, causing us to fall. Perhaps there is oil left in the driveway or water standing in an entry hall. These are things that should have been addressed and repaired.
Other injuries come from loose handrails on stairs and missing steps. Poor lighting may attribute to the accident as well.
Proving Your Case
In order to win this type of case, you will have to show that the condition of the property presents a risk of harm to visitors who came on the property.
You will have to prove that the landlord either knew or should have known that there was a danger. Your attorney will help you with this. Many times the simple time frame of the disrepair is enough. Landlords should inspect their property often to ensure these hazards do not exist.
Finally, you will need to show that the landlord failed to act on the situation and that led to your accident.
Who Does This Apply To?
If you were invited onto the property, this law applies to you. It means you were invited and not kept from harm due to negligence. If you are there with implied permission from the landlord and not there for a business reason, it applies to you. This would primarily mean someone there on a social basis. If you are there without permission, and basically you are trespassing on the property, you are not included. But there are exceptions. If you booby trapped the property in order to catch or hurt a trespasser, he or she may be allowed to file a claim against you.
If the person who got hurt on your property had a reasonable reason to be there (like a UPS package delivery person) and poor maintenance of the property caused them to be injured when they delivered the package, they have a case against the property.
There are some special rules that apply to children. They call this “attractive nuisance.” In other words, you may not have invited a child onto the property, but your yard has a pool, trampoline, old cars, or maybe even puppies. The property is not secure and the child has easy access. If the child gets hurt when he or she goes to play, you are liable.
Types Of Premises Injury
- Slip and falls
- Animal Bites
- Snow and ice accidents
- Elevator accidents
What Compensation Should You Seek
Your attorney will represent you and seek damages. This will include payment for your medical bills, pain and suffering, legal expenses, and any equipment you had to purchase due to your injury.
Every case is different. If you have been injured on someone’s property, make the call. Let a premises liability attorney tell you if you should sue for damages.