As a property owner, you have to maintain a safe and protected environment for visitors. As a resident, it becomes even more important as you are liable for accidents and injuries occurring on your property. This is your responsibility and you have to take the necessary steps to avoid it. This is known as premises liability. But, what exactly it is and what incidents are accountable for the premises liability claim?
To know in detail, keep reading.
Premises Liability Claim
It is the legal responsibility of the property owner to maintain the safe condition of their property. The types of properties that are accountable for claiming premises liability include accidents and injuries caused at:
- Swimming Pools
- Construction Sites
- Commercial stores
- Public properties
- Or any privately, or publicly owner structure
Things that the injured party need to prove
The components under the premise liability case vary from state to state. As mentioned here https://medmal-law.com/practice-areas/albuquerque/, it is important to check the laws of the jurisdiction before filing a premises liability claim. This will help you to get through the legal process appropriately. The injured party or an individual has to prove:
- That the person causing the injury owns or occupies or has kept the property at lease
- That the defendant did not maintain the safe environment in their property
- The plaintiff was harmed
- The defendant was negligent in the use of the property that caused the harm
It is commonly observed that the visitor who got injured was also at fault. This is one of the most general limitations on the property owner. In most cases, a visitor has the duty to take care of his/her safety in the possessor’s property. If he/she was not vigilant enough to take care of their protection, the recovery of the plaintiff can be reduced or limited. This is the result of their negligence.
A number of states stick to the comparative fault system while handling personal injury cases. This means that the legal damages caused by the injured person will be lowered by a percentage that is equal to the injury experienced by the harmed person or party. For instance, if the harmed person is 30% liable for an accident, and the total compensations were around $11,000, then he or she will receive only $7,700.
What are the special rules for the landlords?
There are some special rules that apply to the landlords of the property. This rule includes that if the property owner has a tenant and if someone experiences an accident or physical harm, the landlord is not responsible for this condition. This is because the property is at the lease and the landlord does not have any control over the property. However, this rule has some other necessary exceptions. For this, it is better to consult with a legal attorney who understands premises liability in your jurisdiction.
So, if you have suffered from a premises liability injury, you need to have a complete set of knowledge about the legal process. We suggest you get in touch with an experienced attorney and ensure that all your legal rights are completely protected and assessed.