Elements of a Premises Liability Lawsuit

Elements of a Premises Liability Lawsuit

gavel and penInjuries 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.

Determining Negligence

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, and trespasser.

  • 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.

Categories: