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The Property Owner’s Duty of Care in a Premises Liability Lawsuit

No one is ever prepared for the chaos that follows the trauma of a serious injury. For premises liability cases, this often involves the process of showing that the property owner had an obligation to ensure the safety of their invited guests and patrons. 

There are many circumstances in which a property owner may escape culpability, so understanding whether you have grounds for a claim is essential in determining what your best steps should be. 

Continue reading to learn more about what types of incidents are considered premises liability cases and when a property owner should be held accountable for the injuries that occur on their premises through a personal injury claim

What Are Premises Liability Claims?

Premises liability lawsuits are civil claims that are filed against property owners for injuries that occurred due to their negligent actions. Many different types of accidents can be considered premises liability cases, some of which include:

  • Dog bites
  • Swimming pool accidents
  • Elevator accidents
  • Escalator accidents
  • Trampoline accidents
  • Negligent security
  • Failure to make necessary repairs
  • Slip-and-fall accidents
  • Injuries caused by broken stairs
  • Fire safety and building code violations
  • Snow and ice accidents

When Does the Property Owner Have a Duty of Care?

In order to prove based on a preponderance of the evidence that the property owner is responsible for the injuries you sustained, you’ll need to be able to show that the property owner owed you a duty of care.

Essentially, anyone who is an invited guest or patron of an establishment is owed a duty of care by the property owner. These individuals should be able to trust that the property they are on is safe and that known hazards are made open and obvious. 

When this duty of care has been breached, property owners can be compelled to compensate injury victims for all of the ways their lives have been turned upside down by their injuries. 

Get Help from a Premises Liability Lawyer

If you’ve been injured on someone else’s property and the property owner is trying to avoid compensating you fairly, you need an experienced premises liability lawyer at Rafidi, Pallante & Melewski LLC representing your interests. Schedule a free, no-obligation consultation when you fill out our convenient contact form or call our office at 1-866-494-5387.