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Premises Liability LawyerWho can we turn to if we slip and fall at a local restaurant, the DMV or other property? There are a few options, but a premises liability lawyer is generally the go-to professional. This is primarily true if an owner or individual responsible for the accident doesn’t act accordingly.

Almost 12% of the population visits the emergency room for unintentional injuries like slipping, tripping, or falling every year. This puts quite a burden on a patient’s wallet. That’s where legal professionals jump in to ensure that premises liability settlements end correctly and that the proper party pays for any resulting damages.

However, the process isn’t simple and requires us to look into several details:

  • There are differences when involving public or private property
  • The gravity of an injury plays a vital role in a case
  • Circumstances surrounding an accident are also essential
  • Permission to visit or stay at the location in question is crucial
  • There’s a general consensus among jurisdictions, but some laws change between them

To further answer the question, “what is premises liability?” in conjunction with its related issues, let’s continue reading.

Types of Visitors

In some instances, the outcome of legal action concerning a slip and fall case can depend almost entirely on the victim’s reason for their presence at the specific location. There are three types of visitors:

  • Invitee
  • Licensee
  • Trespasser

Invitee

An invitee is someone explicitly invited by the owner or manager of the property. Invitations regarding work or business-related matters fit under this category. Often, dangerous conditions require repairs before an invitee visits the property. Owners need to let visitors in this category know about otherwise unrepairable dangers. At the least, the land must be considered safe.

Not sure if you have a valid slip and fall claim? Read our slip and fall guide now.

Learn more about valid slip and fall claims

Licensee

A licensee is someone who has explicit permission to visit the property. It usually implies that the visitor has some sort of social relationship with the owner or manager and often discards intent on their behalf to cause injury to the licensee.

This category usually refers to locations that aren’t open to the general public. It’s a situation where the owner clearly allows the person to enter. We should keep these two details in mind:

  • The owner has the duty to warn licensees
  • There’s no protection from dangers that the owner was not aware of beforehand

Trespasser

A trespasser is any person or party that enters a plot of land or property without permission. This label is applied regardless of the perpetrator’s intentions. The owner usually has little to worry about in this situation. They should, however, make appropriate adjustments to the property to prevent liability for injuries suffered by child trespassers.

Negligence

NegligenceHow might a property owner get into trouble for a visitor’s accident? It is, after all, the victim’s fault, right? Well, not entirely. It might seem strange, but the weight of a premises liability claim depends heavily on the entrant’s classification.

Negligence occurs and is justified when the injured party can prove that the owner was supposed to provide a certain level of duty of care and failed to do so, resulting in damages.

Duty of care involves some of the following:

  • Proper property maintenance
  • Searching for, identifying, and eliminating potential dangers
    • If a present danger is irremovable, the owner must notify most visitors

Further Liabilities

Precautions and warnings aren’t always enough. Owners and managers can be held liable if they create dangerous situations on their properties, regardless of how cautious they approached the situation. Here are some examples of dangerous situations:

  • Experimenting with chemicals
  • Owning a common with animals that bite

TALK TO A PREMISES LIABILITY LAWYER

Know what premises liability is by consulting directly with a personal injury lawyer from Diamond & Diamond Law today.

Attractive Nuisances

Surprisingly enough, an owner or manager is responsible for how alluring their property or land is to any passerby in the case of an injury.

A swimming pool, for example, might catch the eye of potential child trespassers. However, if the owner throws a net over the water and places a fence around it, they’ve removed the pool as an attractive nuisance. Floating toys, fun music, and other extras might draw third parties in, potentially putting them in danger’s way.

Common items that are considered an attractive nuisance:

  • Swing sets
  • Pool toys
  • Items of high value that are typically stored safely
  • Extravagant vehicles or machinery
  • Imagery that depicts an invitation onto the land

Activities on the Land

Certain events or actions on an owner’s property can make them liable. This usually relates to discernable noise, be it from a party, musician, or movie at high volume. A better example, though, is that of a farmer and their neighbors. If the farmer becomes liable for nuisance for whatever reason, they can face a fine or an order to cease their operations immediately.

Interestingly enough, the same applies to trespassing during an activity or event. This is any physical invasion of another person’s property, contrary to the wishes of the victim, during any event scheduled by the offender. This doesn’t always involve a person stepping onto another property. Here are several examples of activities considered nuisances and others that don’t apply:

Nuisance vs Permitted

Spraying paint that blows into a neighbor’s yard

Hosting a party at reasonable hours

Leaving chemicals outside that can damage another person’s building or home

Playing music in the backyard

Allowing or causing powerful or awful smells that invade the area over extended periods

Having water balloon fight

How a Premises Liability Lawyer Can Help

How a Premises Liability Lawyer Can Help

A premises liability lawyer can guide a victim or property owner through the process of determining the guilty party, among other issues. They might also recommend, before an incident takes place, to check for some of the following hazards:

  • Poor lighting
  • Broken or worn out stairs
  • Inadequate flooring
  • Live cables or wires that aren’t adequately contained
  • Leaks
  • Pits or holes in the floor

These details are necessary to look out for, whether the individual is a potential victim to a slip and fall incident or the owner of a given property.

Common Defenses

When owners become liable, there are a few tactics that a premises liability lawyer can employ to defend them in court. Some usual strategies to circumvent liability for owners includes the following:

  • Declaring the individual was unaware of the dangers present on the land
  • Proving that the dangerous elements were impossible to remove appropriately and the visitor was notified and warned
  • The property owner attempted to resolve the problem beforehand but was unable to finish for reasons outside of their control.

Common Guidance for Victims

Legislation and rulings often lean in favor of the victims. However, professional assistance can simplify the process and provide additional strategies for coming out on top of the situation. For those who suffer an injury on a specific premise, a lawyer might recommend the following:

  • Claim that the notice or warning for dangerous elements on the property was insufficient and not descriptive enough
  • State that the problem had a viable solution and the owner was negligent
  • Share that the property had a lack of maintenance

Want to know more about how a premises liability lawyer can help? Contact Diamond & Diamond Law today.

Reach Out to Diamond & Diamond Law

  • Send a message via our live chat, or call us at the number available on our website

You can also check out our guide on slip and fall injuries

Premises Liability Lawyer

A slip and fall lawyer needs to be retained immediately to conduct an investigation of your individual accident, and to provide you with further guidance about how to proceed with a slip and fall injury claim

FAQs About Premises Liability Lawyers

Can a family member accuse and force another to pay for slip and fall damages?

Yes, this is entirely possible, and there are no restrictions on family members’ involvement.

Do I have to hire a premises liability lawyer for a slip and fall case?

Not necessarily. However, the likelihood of winning a case skyrockets with their assistance.

Is playing an instrument for extended periods of time considered an offense?

This depends mostly on the neighbors in question. But, yes, you can be charged if they complain several times and you don’t relent.

Pro Tip

Make sure when you are purchasing a home that title is checked in advance by your lawyer to ensure no surprises on closing day.