PREMISES LIABILITY
Family law
22 Oct
In today’s fast-paced world, we’re always bouncing around in places we don’t own-like a cat at a dog convention. But what happens if you or a friend gets hurt on someone else’s property? Do you start a “My Toe is Throbbing” support group, or is there a legal process for that?
A premises liability claim occurs when someone gets injured on someone else's property. These claims fall under personal injury law. Similar to other personal injury cases, a premises liability claim is based on principles of negligence. It looks at whether the property owner, tenant, or manager was supposed to keep the place safe for the injured person or whether they failed to do that.
We are constantly on the go. We visit grocery and department stores, stroll along neighborhood sidewalks, and attend big events like concerts or weddings at different venues. But what do you do if something on someone else’s property causes injury to you or a loved one?
A premises liability claim can pop up in all sorts of situations, kind of like that one friend who always shows up uninvited. Each scenario needs a different look depending on the location, the people involved, and the relevant laws.
In certain situations, a landowner can be held responsible for the intentional or criminal actions of others. Property owners have a basic legal duty to ensure that customers and visitors are kept reasonably safe. If they don’t provide sufficient security or take necessary measures to protect people on their property, they might be liable for any injuries that occur.
A landowner's responsibilities can vary depending on the type of property. For instance, you wouldn’t expect a cozy gift shop to have bouncers like a wild nightclub. Right? It’s essential to consider what kind of place we’re talking about, any history of crime (like if the last visitor left with more than just a souvenir), and what steps the owner took to keep folks safe. After all, no one wants to mix cocktails and chaos!!!!
Some places can’t serve alcohol to someone if they know or should know that the person is already drunk. So, if a drunk person hurts you or someone you care about, the place that served them alcohol might be held responsible. For instance, if a bar serves too much alcohol to a customer and that person hurts you in a fight or causes a car wreck, the bar could be liable for those injuries.
These cases can get quite complicated. To win a claim, you need to prove that the establishment or its staff knowingly served the drunk person. Collecting evidence is key-think surveillance videos, receipts, witness statements, and police reports.
Plus, there might be several parties responsible for the person being drunk. For example, if someone gets overly served at one bar, leaves, and then keeps drinking at another restaurant, both places could be held liable. It may not sound fair but like with any personal injury case, it’s essential to explore all possible sources of responsibility.
Injuries can happen in places like restaurants, grocery stores, warehouses, or shopping centers. If you or someone you care about gets hurt because of a dangerous condition on someone else's property, the property owner might be responsible for those injuries. Whether it’s a slippery puddle on a grocery store floor or piles of debris in a warehouse, you could have a case against the property owner.
Commercial property owners and managers are legally required to take reasonable steps to keep their spaces safe because nobody wants a trip to the ER to be the highlight of their shopping spree. It's all fun and games until someone slips on a banana peel, right? So, let’s hope they’re more diligent about safety than we are about avoiding the dessert aisle.
Landowners can use certain defenses in a premises liability case. For instance, if the injured person is even a little at fault for what happened, they might not win their claim due to something called contributory negligence. Another common defense is “open and obvious danger.” If the danger that caused the injury was easy to see, the visitor might not be able to get any compensation.
If a store’s employees know or should know about a dangerous condition but fail to address it or warn customers, the store could be held responsible for any injuries caused by that condition. This means it’s crucial to carefully look into the events leading up to the incident.
Key details to consider include how long the dangerous condition had been there, whether employees were aware of it, and if the landowner has a history of similar issues. Additionally, it’s important to research relevant safety laws, such as building codes, stairwell regulations, and sidewalk standards.
These claims can get tricky. For instance, if a store is renting a space and someone else owns the property, you could potentially file a claim against the store, the property owner, or both. To succeed in a premises liability claim, you need to demonstrate that the property owner was negligent in maintaining and caring for the property.
Now this is common and crucial - If a dog attacks and bites you or someone you care about, it can be a very traumatic experience. However, whether the dog's owner is responsible for the attack depends on whether they knew or should have known that the dog was "potentially dangerous."
To prove this, you will probably need evidence that the dog had previously bitten someone or shown aggressive behavior because “Fluffy” isn’t going to get a free pass just because he has a cute name. The breed of the dog might also come into play, as some breeds come with a reputation, while others just bring a lot of slobber. Plus, don’t forget, there could be more than one person responsible for your injuries, maybe even the dog’s owner, who thought it was a good idea to adopt a “potentially dangerous” dog instead of a nice, cuddly stuffed animal.
If the dog's owner is renting a property and living there with the dog, they might be responsible for the attack if you can demonstrate that they were aware of the dog’s past aggressive behavior. Additionally, if someone who has control over the dog—regardless of whether they own it, knows about its history of violence, that person could also be held liable.
It all depends on where the attack happened, the town or city might have strict rules about keeping pets on leashes or under control. Breaking these rules could be seen as negligence. So, it's important to look into the dog’s breed, who owns the dog, who was in charge of it at the time, and the property where the attack took place.
If and when a landowner doesn’t take reasonable care and someone gets hurt because of it, a premises liability claim may be possible. In these cases, it’s important to get a skilled attorney to help protect your rights, deal with insurance and liability issues, and guide you through the legal process. Call us at RRM Law if you ever get caught in a scenario or situation of this kind.