Understanding Premises Liability

In the world of personal injury law, one of the major factors in a case is the location where the injury occurred. Often, a person is injured on someone else’s property- either owned by an individual or a business- and this is a critical component of determining liability. People are generally expected to provide safe access to their property, and this responsibility is known in legal terms as “premises liability.” In cases where people or businesses fail to maintain a reasonable level of safety on their property, they may be held responsible for any injuries that occur there. However, this concept is not as simple and straightforward as it initially may seem.

If you were hurt while walking through a store or visiting a friend’s apartment complex, it doesn’t automatically mean that you can sue the company for damages. There are many ways that businesses protect themselves and many ways that you are supposed to take responsibility for your own actions. Liability can be altered through things like signage and warning systems, along with waivers and other contracts that some visitors are asked to agree to. Additionally, your state of mind (sober, under the influence, distracted, etc…) is sometimes taken into account. Because of things like these, it’s important to gather as much evidence as possible (including taking pictures of the area) if you are ever hurt while out and about. It can be hard to uncover the truth and identify negligence on the part of the property owner if nobody has proof of what visual signals were on the premises at the time of your current physical or mental state.

Premises liability is associated with many types of injury, but most commonly slip and fall injuries. Broken bones, head trauma, soft tissue damage, and other injuries can occur while moving through unsafe walkways, corridors, or other public areas.

In determining legal responsibility for an individual’s injury, several factors are taken into consideration. Your personal injury attorney, and that of the property owner, will look at the following:

• Your legal status, as a visitor of that property (trespassers and children are handled differently)

• Your actions while on the property

• The condition of the property

• Special rules for landlords

• If both you and the property owner share responsibility for the injury

Personal injury laws, and those pertaining to premises liability, are often determined by state and local regulations. If you have been injured on someone else’s property, it’s important that you get in touch with a qualified premises liability attorney in San Diego to discuss your rights. Reach out to us at the Benner Law Firm today for your free consultation.