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Premises liability is a type of personal injury case, wherein an injury was caused by either an unsafe or defective condition on someone else’s property. These types of cases, like most personal injury cases, are often based on negligence. In a premises liability case, negligence typically refers to a property owner’s failure to exercise reasonable care when it comes to managing and maintaining the property, resulting in conditions that led to an individual’s injury.
Types of Premises Liability Cases
There is a wide range of personal injury cases that fall under the premises liability umbrella, including:
- Slip and falls
- Snow and ice accidents
- Poorly maintained premises
- Assault or injury related to inadequate security
- Elevator and escalator accidents
- Dog bites
- Toxic chemicals or fumes
- Swimming pool accidents
- Accidents caused by water leaks or flooding
- Amusement park accidents
- Daycare accidents
- Accidents on business properties
- Bug big injuries
- Playground accidents
The Duty of Care
Property owners must exercise reasonable care in the ownership and maintenance of property with respect to persons who enter their property, though some states limit this duty depending on the individual. Visitors are usually divided into 3 categories: invitees, licensees, and trespassers. In some states, landowners do not owe a duty of care to trespassers. In Massachusetts, trespassers are owed the lowest duty of care. This means a property owner cannot create traps for trespassers and, if they are aware of their presence, are obligated to warn them of dangerous conditions on the property.
- Invitees: An invitee is an individual whom the landowner has given either express permission or implied permission for him or her to enter the property. These individuals are usually friends, relatives, and neighbors. A landowner owes an invitee a duty of care and must keep the property reasonably safe. Customers of a business are also considered invitees.
- Licensee: A licensee is an individual who has either express permission or implied permission of the landowner to enter the property, and enters the property for his or her own purposes. A landowner owes a licensee a slightly lesser duty of care than invitees, and must only warn a licensee of dangerous conditions that could pose an unreasonable risk of harm if the licensee is not likely to discover it.
If a trespasser is a child, a landowner is expected to exercise reasonable care and avoid foreseeable risks of harm to them. For example, if an individual has a swimming pool that is not gated, not covered, and easy to access, this poses an unreasonable risk of harm to a child who will be tempted to play near or in the pool.
Common Premises Liability Cases
Slip and Fall -These are often more straightforward than other premises liability cases. If you slip, trip and fall while on someone else’s property due to unsafe conditions, you might have a valid premises liability claim. Causes of slip and falls include defective staircases, wet or oily floors, hidden extension cords, ice or snow, and unsecured rugs or carpets.
Inadequate Building Security -Owners of buildings have a duty to act reasonably when it comes to securing access, which is why large apartment buildings and offices often have doormen or security guards on the first floor. If an intruder breaks in and assaults someone in the building, the victim might have a premises liability case against the owner of the building for not having adequate security.
Swimming Pool Accidents -If a property owner leaves the pool open and unguarded, and a child accesses it and drowns or is otherwise injured, the owner might be held liable for it.
Proving a premises liability case can sometimes be complicated, which is why it is advisable to secure the representation of an experienced and skilled premises liability attorney as soon as possible if you have suffered any injuries on another party’s property. Waiting too long can reduce your claim, or the statute of limitations could expire, forfeiting your right to bring your case to court.
Premises Liability Attorneys Fighting for the Rights of Injured Victims in Springfield
If you were injured on someone else’s property due to unsafe conditions, you might have a premises liability claim. Many of these accidents can result in severe injuries, which can lead to excruciating pain, costly medical bills, long-term treatment, lost wages, or even loss of work. If someone else was responsible for your injuries and losses, you should not have to bear the burden of these expenses. A Good Law Firm is ready to help you seek compensation for your damages.
Our dedicated personal injury attorneys in Springfield have a passion for justice and a commitment to obtaining the best possible results for every client we serve. We care about your recovery and will work tirelessly to help you achieve the just compensation you deserve to help you move forward. With over 37 years of personal injury experience, millions of dollars recovered for our clients, and our exceptional work ethic, you can be confident in our ability to effectively represent you and protect your rights.
We work on a contingency fee basis, so if we cannot win your case, you will not owe us any legal fees.