Every year, millions of people in the states get injured while visiting public premises. However, most of us are unaware of the fact that not every hurt caused during the visit comes under premises liability. So now, let’s dive into its basics and know-how an accident differs from premises liability?

Strangled badly in a premises liability case? Search Miami personal injury lawyers and stay stress-free.

Premises Liability: Basic Definition

To say it clear, premises liability is an option to ask for justice after undergoing preventable damage on another’s property. Here the term preventable means the damage is the outcome of the negligence of the property manager/owner. They knew the thing was out of work but didn’t get it fixed.

For example, in California, every property holder has a sense of responsibility, i.e., the duty of care towards their visitors and guests. This entails property holders are liable for visitors’ safety, and their property has fulfilled the standards according to local safety codes.

If there is a breach in duty of care, and a person is hurt on the premises, then it is surely a case of premises liability, and action is needed if required.

The Four Principles of Premises Liability

To prove a premises liability lawsuit, the user must demonstrate these four principles before the judge. 

• The accuser owns the place

This is the easiest to prove. But it becomes complex in the cases of multiple filed lawsuits, like when a small business is renting out space or apartment liability cases. In these cases, it becomes quite difficult to prove.

• The accuser was inattentive towards investment maintenance

Premises liability can never be the sole reason for a rare accident. So, the defendant must prove that the caused damage arises only due to the owner failing to ensure the client’s security. Demonstrating it well will become the strength of the case.

• Due to the casualty, you suffered physical damage 

Negligent behavior towards property management does not come under premises liability until someone is injured just because of it. To prove you are right in the case, you need to prove the damage was because of poor management. Want advice? 

 Miami personal injury lawyers will help in case proceedings. 

• Carelessness from the property owner is the prime cause of the accident

Now the defendant needs to prove that the owner was aware and still didn’t put effort into avoiding the accident. This means the user also needs to prove that the main source of damage existed in the place beforehand. And it was reported prior too.

Real-life instances

Real-life instances of accidents

When you are at a restaurant, order diet coke with ice and accidentally drop it down, slip and suffer a bad injury. This is an ideal illustration of the accident, not premises liability.

It does meet the first and third principles, but the property holder is not liable for the damage/injury. But, again, Miami personal injury lawyers will help you proceed with your case. 

Real-life instances of Premises liability

When you are at a restaurant, having your glass of wine, you see a spillage on the floor and report to the staff, but then on the way out, you are seriously injured due to it. This breached the customer’s duty of care norms. Hence is a premises liability case.

Bottom Line

The bottom line is, if you or a loved one have undergone a premises liability injury, you must communicate with an experienced lawyer to ensure that your lawful rights to settlement are fully evaluated and guarded.