Premises liability claims generally require proof that the owner/manager knew of the defect in the premises that caused the injury. That proof comes through investigation and discovery of the case by a competent injury attorney.
Premises liability is another area of the law that produces many tort claims. A person who is lawfully on someone else’s premises and who is injured as a result of some negligence of that property owner may have a basis for a claim against that property owner. The duty or standard of care to which the property owner is held may depend on the status of the injured person. The different statuses that may apply are that of invitee, licensee or trespasser.
Location of Premises Liability Injury Claims
Premises liability claims may arise from a variety of locations:
- Parking lots
- Sports stadiums
- Shopping centers
- Bars and restaurants
- Apartment complexes
- Grocery stores
- Big Box Stores
- Amusement Parks
- Ski Areas
Business owners owe a legal duty to customers and others lawfully on their premises to maintain the premises in a reasonably safe condition. If you have been injured as a result of the negligence of a property owner, contact us.
Premises Liability-Things You Should Do When You’ve Been Injured
As is true with any type of injury, it is necessary that there be prompt and thorough investigation. In regards to injury claims occurring on premises owned by a third party, that is especially important. These steps may be warranted:
- Prompt examination by safety engineers and other specialists may be necessary
- Interview of pertinent witnesses is critical
- Photographs should be taken of the unsafe condition and its surrounding area as soon as possible
Premises liability claims require proof that the owner or manager of the premises knew of the defect in the premises that caused the injury to you. If, in fact, you have been injured as a result of some defect or deficiency on someone else’s property, then there must be a prompt and thorough investigation of the circumstances of the injury.
Premises Liability-Duty of Business Owners
Business owners owe a legal duty to customers and to others that are lawfully on the premises to maintain the premises in a reasonably safe condition. If you have been injured as a result of the negligence of a property owner, then you need to contact a premises liability attorney.
Learn more about premises liability including: slip and fall accidents, playground negligence, elevator and escalator accidents and ski accidents.
Property owners need to be vigilant as to irregularities in walking surfaces that might cause a person to fall. Likewise, any change in elevation in the walking surface could be a potential source of injury if it is not properly demarcated for the person to see that there is indeed a change in elevation. In this regard property owners need to be aware of the fact that during certain times of the day a walking surface may have a certain glare effect and if there is a change in elevation of a step or two there should be some warning to the pedestrian of that impending change in elevation.
In a slip and fall case the plaintiff not only has to prove negligence but as a component of that negligence normally has to prove that the property owner had sufficient time to correct the defect, i.e. they had notice of it and then failed to act in a reasonably prompt fashion to correct the defective condition.
Brien Roche has over 35 years of experience representing the litigation needs of his Fairfax area and Washington D.C. area clients.