Finding Fault In A Premise Liability Case
When entering another person’s premises, the thought of getting injured may have been a far fetched idea. After all, it is the job of the property owner to ensure the safety of anyone who will visit their premises. However, this is not the case all the time. Sometimes, the failure of the property owner to ensure the safety of their visitors causes them to get injured or worst die.
According to the website of Clawson & Staubes, LLC: Injury Group, property owners can be held liable for failing to protect their guests under some circumstances. In addition, the website of Goings Law Firm, LLC revealed that unsafe properties can cause a victim to sustain a wide range of injuries. But how do you determine fault in a premise liability lawsuit?
When filing a premises liability lawsuit, you have to remember that the court will only consider if you were legally on the property to make a claim. But even if you were not on the premises legally, you may still have a strong case, if you can prove that the owner of the property knew you were on their property and did nothing. So if you can prove to the court that the owner showed negligence about their unsafe premises, you can have a strong case on your hands. Generally, there are three factors that can determine fault in a premise liability lawsuit:
Duty of Care
The first important component in a premise liability case lies on proving that the property owner was legally responsible for keeping their property safe and taking the necessary precautions to minimize danger to guests or otherwise providing a standard of reasonable care.
In a premise liability lawsuit, you need to prove that the defendant failed in their responsibility to ensure the safety of their premises. If the property owner has a dog or any other animal in their premise, it is their job to ensure that the animal will not harm visitors or passers-by.
Breach of Duty
Once you have established that the owner was legally responsible for providing a safe environment and minimizing hazards, you must next prove that the defendant failed in exercising that duty either through negligence or careless action. Negligence on the part of the defendant happens fails to discover and rectify a hazardous situation on their property. A careless breach happens as a result of certain actions taken by the defendant that resulted to the hazardous situation.
Employees of a shopping center who leaves ladders and tools after repairing a broken light fixture is liable for premise liability as it exposes customers to potential hazard. A personnel in a grocery store commits premise liability if they fail to clean up a spill in an aisle or if they do not remove any slipping hazard.
Cause of the Injury
The last component for determining premise liability is the cause of the injury. You must be able to prove that the hazardous situation resulting from negligence or careless actions of the defendant resulted to your injury.
On the other hand, there are instances when you were the one who can be held liable for your injury. For example, you got injured in an area that you know is off-limits to visitors such as an employees-only area. Another example could be if you were swingng down the stairs on the handrail and it breaks causing you to get injured, it is clearly your fault.