A property owner must maintain a safe environment so that no one gets injured. However, this isn’t always the case. People can still get injured. Owners or employees may have acted negligently, causing you to have an accident. The property owners are liable for accidents that happen on their premises and injuries you may have sustained. You could be entitled to damages. When determining to bring suit, you have to make sure you prove the other party is liable. You must also know what claims they can make against you as well as some examples of premises liability cases.
How to prove liability
There are several different elements you must prove in a premises liability case. You must prove that the property owner, or in some cases the employee, was negligent in their behavior and/or reaction. Negligence can be proven if the situation happened and the person responsible had enough time to remedy the situation but refused to. You may also prove that the property owner or employee caused the dangerous situation themselves and a reasonable person could see an accident occurring due to their negligence. This holds even if they felt it wasn’t necessarily negligent.
Some Examples
There are several examples of premises liability cases. One example would be if maintenance was not maintained or kept up to date on the premises. This would be something like a school not equipped with sprinklers in case of a fire or a piece of the walkway that has come up and can cause injury to those walking on it. Another example is malfunctioned. This would be the case if something like an elevator gets stuck.
What the other side may say
You must be prepared for arguments the other side may say in court. They could claim that you did not have a legitimate reason for being in that area. An example of this would be if you went in blocked off the area and got injured. The court would find you at fault for your own injury instead. Another argument that the other party may make against you is that you were negligent in your actions and did not notice the hazards. An example of this would be texting on your phone causing you not a see or pay attention to a sign that reads “Caution”. The other party can argue that you simply ignored posted warnings. An example of this would be ignoring a “Wet Floor” sign. If you sustained an injury, then the other party can’t be found at fault because you ignored the sign.
Getting injured is tough. When you’re injured on someone else’s property due to something that could have been preventable, it can be very frustrating. It’s their job to maintain their premises so that injury doesn’t happen. This scenario isn’t anything you could’ve prepared for in advance. It can happen out of nowhere and to anyone. Now you have to suffer as a result of their negligence. You need an expert on premises liability by your side. The Law Offices of Howard Kornberg will fight for you and help to win your premises liability case. Schedule a free consultation today using this contact form or call us at 310-997-0904 for a free initial consultation.
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