Premises liability law refers to a subset of civil law that dictates when an owner is responsible for an accident or injury that occurs on his or her property. Some of the most common premises liability cases include slip and fall, trip and fall, elevator/escalator accidents, and falling objects. Under the law the owner of the property has a responsibility to keep the area safe from accidents and to warn visitors of potential safety hazards that exist.
In a premises liability claim, there are several details that the court may consider when deciding the outcome of the case. For example, the court will try to determine whether the danger that caused the accident was open and obvious. If the victim saw the cause of the accident before the accident occurred, the court may determine that the victim did not take adequate precaution to avoid the accident. If he or she did not see the cause of the accident before it occurred, however, and there is evidence that the victim was not being inattentive or careless, the owner may be held responsible.
Another major consideration is whether the condition causing the accident had existed for some time, or if it was a temporary condition. If it was temporary, the owner may not have had time to become aware of and address the condition, and he or she may not be liable. On the other hand, if the condition was permanent and the owner had noticed it or had time to notice it but failed to address the problem, then the owner may be legally responsible for injuries and damages resulting from the accident.
While “slip and fall” or “trip and fall” cases may seem minor and easy, there are actually several factors that must be examined before liability can be determined. An experienced personal injury lawyer is aware of all of the considerations that the court makes in a premises liability claim. Your lawyer can help you gather evidence in support of your personal injury claim and will fight to protect your interests in a court of law.