Three Principles of a Premises Liability Claim0
Premises liability law exists to grant injured parties a means of holding negligent property owners accountable for the harm that they have endured. The media portrayal of tort-based cases such as these in recent years has served to distort the purpose and applicability of premises liability law, painting a picture of a bonanza for anyone who happens to scrape their knee while on another person’s property.
While a civil lawsuit may be an appropriate response in the wake of an accident that was facilitated in some measure by a property owner’s negligence, it is important that anyone who may be considering such a legal action understand a few basic concepts that pertain to premises liability.
One of the first misconceptions to clarify is that these lawsuits should not be regarded as a means to get rich quick. A successful suit might gain you financial compensation for medical bills, lost wages, emotional anguish, and other reasonable damages as deemed appropriate by the judge or jury overseeing the matter.
Serious accidents may result in lengthy courses of medical treatment, producing bills that would constitute an extreme burden for most people, so gaining compensation for medical bills can be of immeasurable value.
Premises liability law is crafted on the presumption that property owners are functionally liable for the safety of their guests for the duration of their stay, whether it be a 15 minute shopping trip or a weeks-long visit by a family member.
To bring a successful lawsuit on the grounds that a property owner has failed to uphold that obligation, the following three points must be demonstrated:
The action can only be brought against a defendant who owned the property in question
You must have been a “guest” at the time of the injury
Negligence on the part of the property owner must have contributed to your injury
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