What is premises liability?
Premises liability is an area of the law that holds property owners liable for injuries sustained on their property if they neglected to maintain that property safely. If you are injured on someone else’s property because of poor maintenance or neglect, you may be able to file a premises liability lawsuit to recover compensation for your medical expenses.
Who is a protected party?
The law protects victims of slip and fall accidents whether they are invitees or licensees. They are considered protected parties. There are different standards of care a landowner owes to the various categories of visitors, but whether you were an invitee, a licensee or even, in some cases, a trespasser, you may still be entitled to recover under premises liability.
What determines whether or not I win?
Courts generally ask the following questions in determining whether or not a victim deserves compensation from a landowner:
Was there an unreasonable risk of harm on the land?
Did the landowner know or should they reasonably have known about the harm?
Did the landowner know or should they reasonably have known that the visitor would not appreciate the danger?
Did the landowner fail to take ordinary measures of care to protect the visitor?
What if the accident was my fault?
The law protects victims of slip and fall accidents even if they were partly at fault. For example, if a shopper slips on a banana peel in a grocery store, the courts will investigate the details of the situation to see if the shopper knew or should have known the peel was on the floor.
My accident was two years ago. Is it still worth pursuing?
The law gives up to two years to begin a legal proceeding for a premises liability action. The clock starts ticking from the date of the accident. So, if you are unsure whether or not you can still file a claim, call our law office to find out.