The term “premises liability” refers to a property’s owner’s legal obligation to maintain and care for their property. If someone is injured as the result of a defective or unsafe condition on another person’s property, the owner may be legally liable for their injuries under a legal concept known as negligence.
To understand this concept, consider an example: a person is driving down the road and texting, and runs into a parked vehicle. Here, it’s easy to see that the texting driver is at fault for the car accident, as they were breaking a traffic law at the time. Just as drivers are expected to adhere to traffic laws, property owners are required by law to reasonably maintain their properties for those who use it.
In order to successfully win a premises liability case, the injured person must prove that the owner of a property was negligent in its maintenance, and it directly resulted in injury.
Premises liability is a broad term that applies to many types of legal liability. Here are some of the most common kinds of premises liability cases:
Of these, slip and fall accidents are the most common, so much so that there is a branch of premises liability called “slip and fall liability.”
In order to prove that someone was negligent in the ownership or maintenance of his or her property, you must provide sufficient evidence for the following:
In certain situations, a property owner cannot be liable for your injuries, even if there was an unsafe or defective condition present. These exceptions include:
Premises liability cases involve a number of complex moving parts. No two cases are ever the same, but most follow the same basic procedures as outlined above.
Premises liability cases require an in-depth knowledge of both local and state laws. The attorneys at the Law Offices of David I. Fuchs have been practicing in Fort Lauderdale for over 30 years. Let us take this experience and put it to work on your case.
If you’ve been injured on someone else’s property, an insurance company may approach you with an unacceptably low offer. Having a legal advocate by your side can help ensure your settlement is fair. If we believe a settlement is unfair, we won’t hesitate to go to trial.
At the Law Offices of David I. Fuchs, we don’t believe that you should have to pay the price for someone else’s mistakes. Your personal injury claim begins with a free initial consultation. Contact us and let us provide a risk-free review of your legal options.