What is Premises Liability, and How Do I Pursue a Claim?

Author picture
The following information provides an overview of premises liability claims and how to pursue them.

When you are at the grocery store and you slip on a slick surface, perhaps in near the milk aisle, you may fall and sustain an injury. If this is the case, you may be entitled to pursue compensation from the store’s owner by filing a premises liability claim. Premises liability applies to personal injury cases in which you were harmed because of hazardous or defective conditions on someone else’s property.

Of course, just because you suffered an injury while outside of your home does not mean that you are automatically eligible to receive financial damages. In order to build a successful premises liability claim, you will need to clearly demonstrate that the proprietor neglected to ensure your safety by failing to maintain the property. The following information provides an overview of premises liability claims and how to pursue them.

Examples of Unsafe Premises

There are many ways to sustain an injury due to a poorly maintained property. The most common type of premises liability claim involves slip-and-fall accidents, where the victim loses their footing due to a slick or uneven surface and falls to the ground. Other examples of premises liability incidents can be caused by: poor lighting on the property; insufficient safety on the property, leading to a robbery or assault; dog bites; swimming pool accidents; flooding or water leaks; chemicals and toxic fumes; escalators and elevators; and more.

Establishing Negligence

In order to build a successful premises liability claim, it needs to be made clear that the proprietor acted negligently in properly maintaining the safety of the property. Whether your accident occurred on commercial or residential property, proprietors have the responsibility of taking reasonable measures to keep their premises free from hazards. As you develop your premises liability claim, you will need to demonstrate that the owner was either: (1) aware of the hazard and failed to make the necessary repairs; or (2) unaware of the hazard, but that any reasonable person would have recognized the hazard and taken the steps to address it. Establishing negligence on the part of the proprietor is a key aspect to pursuing a successful claim, so make sure you can clearly link your injury to the owners’s failure to ensure your safety.

Working With a Skilled Attorney

The nuances of premises liability claims can quickly become complicated, so it is advisable to work with a knowledgeable and experienced attorney who deeply understands the process. For high-quality and reliable legal assistance with your premises liability claim, schedule a free consultation with the seasoned personal injury attorneys at Hales & Associates, A Professional Law Corporation. Call (951) 489-3320 today to get started.