When it comes to personal injury cases, premises liability has been used to describe a situation where an injury was due to an unsafe condition on someone’s property. A negligent condition on someone’s property that caused an injury will also fit under premises liability.
In such cases, premises liability is usually due to negligence. If a person wants to sue based on premises liability, the injured victim is required to prove that the owner of the property was careless with the maintenance and/or ownership of the property. This means that the injured person needs to prove that the property owner did not to take reasonable care to make sure that the property was safe and maintained
It’s important to keep in mind that just because you had been injured at a person’s property doesn’t mean that it’s because the owner of the property was negligent. The same holds true for if the property was unsafe. An unsafe property doesn’t automatically meant he property owner was negligent. In order for the property owner to be considered negligent, you need to prove that the owner know or should have reasonably known that the premises were unsafe. Even though he/she was aware that the property was unsafe, the owner didn’t take the steps to fix the situation.
Here are some situations where personal injury claims can be filed under premises liability with the help of personal injury lawyer in Waterloo:
• Snow and ice accidents
• Slip and fall cases
• Damaged conditions of the premises
• Inadequate building security leading to injury or assault
• Lack of proper maintenance of the property
• Flooding or Water leaks
• Dog bites
• Toxic fumes or chemicals
• Accidents at the swimming pool
• Elevator or escalator accidents
Premises liability claims cover a wide range of scenarios. As you can see, even a dog bite claim can be filed under the category of premises liability. That is because the presence of a vicious dog can be considered an unsafe condition on someone’s property.
Most states and provinces require a person who owns a piece of property to take reasonable care in maintenance to that property so that people entering the property won’t get injured. Other states or provinces say that the landowner’s duties depend on the visitor or what the visitor is doing and the reason they have for being on the property.
Visitors to a property can be place as licensed, invited and trespassers. An invitee is a person that has the property owner’s permission to be on the property. Traditionally, property owners are required to provide a level of care to the property, so they are safe.
A licensee has the property owner’s consent to enter and be on the property for the licensee’s own reasons and has to be warned of any dangerous conditions that could be harmful.
The trespasser is somebody that does not have the property owner’s permission to be on the property. Property owners have traditionally not owed any duty to the trespasser unless it is a child. Property owners are required to avoid doing anything that may be foreseeable to cause harm to a child and to take reasonable precautions to keep a trespassing child safe from harm. For example, locking the gate and providing a fence around a swimming pool.