Injuries can happen anywhere and at any time of the day. Most people think
of lawsuits associated with car crashes or product liability, but there
is another type of case that is very common: premises liability. In these
lawsuits, property owners may potentially be held legally responsible
if a guest sustains an injury due to an unsafe condition on the property.
Any time this happens, the victim has various responsibilities to fulfill
before filing a premises liability lawsuit, as they bear the burden of
proof to show that negligence was involved.
In premises liability cases, there are certain elements that must be present
in order for negligence to be considered a factor. First, the plaintiff
must show that there was a danger on the premises and that the owner of
the property owed a duty of care and failed in that duty. This means that
there was a danger, the property owner knew of the danger and did nothing
to fix it, and that the negligence resulted in an injury.
Liability is based on the plaintiff’s status and purpose on the property.
This is normally broken up into three separate statuses: licensee, invitee,
- A licensee is someone who has the permission of the property owner to be
present on the grounds. This could include social guests who were invited
on to the property by the owner. In some cases, a licensee can become
a trespasser in which the circumstances of a case change. This occurs
when the property owner asks someone to leave and they refuse.
- An invitee is someone who pays to enter a property or enters a property
open to the public. In this type of case, the property owner must maintain
the grounds in order to make sure dangers do not exist and safety is of
the utmost importance.
- A trespasser is someone who enters a property unlawfully or refuses to
leave after being asked to do so. In these cases, there is no duty of
care on behalf of the property owner. They must, however, refrain from
wantonly causing harm to the trespasser.
Types of Premises Liability
There are various potential causes of injury on another person’s
property. Premises liability lawsuits often involve injuries resulting
from slips and falls, near drownings, falling debris, animals, dog bites,
or inadequate security. In any case, the victim may have legal recourse
to hold the property owner accountable for any damages sustained.
At Strong-Garner-Bauer P.C., we have a reputation for successfully representing
injury victims in premises liability cases. Over the past four decades, our
Springfield premises liability attorneys have helped countless clients reach the outcomes they desire. You can
feel confident knowing your case will have at least two lawyers handling
the matter along with a nurse paralegal, a paralegal, and a vast amount
of additional resources. We care about your case and you can put your
trust in us every step of the way.
Call us today to learn if you have a lawsuit.