If you’ve been injured on someone else’s property, such as at a department store or restaurant, you may be eligible to pursue a premises liability claim. This claim is an effort to obtain financial compensation for damages incurred as a result of the accident.
Basic legal principles apply to premises liability claims. Here’s what you need to know and what to do if you or a loved one are hurt on someone else’s property.
Owning the Property vs. Possession and Control
Many people logically assume that if an individual is injured on the property of someone else, that the owner of said property may be the person who will be held legally responsible for damages. However, this is not always true.
The most common way to determine legal liability in a premises liability case is to determine who had possession of and control over the property at the time of the accident or injury.
For example, if a business leases commercial property and someone slips, falls, and is injured on the property, the business is more likely to be held responsible for the accident than the building’s owner. However, if the owner knew about problems with the property and failed to make timely repairs, it may be more likely that the owner would be held responsible in that case.
Duty of Care
Another aspect that must be examined in any premises liability case is what duty of care was owed to the individual who was injured. Property owners generally owe the least duty of care to a trespasser, while a business would owe a high duty of care to patrons who were invited to the establishment.
The higher the duty of care, the more critical it is for the property owner to keep the premises free of hazards.
When to Contact a Premises Liability Attorney
Don’t hesitate to reach out to an experienced premises liability attorney after being injured on property that is owned by another individual or company. At Sarkisian Law Offices, we understand how deeply accidents and injuries can affect victims and their families, and we are committed to providing comprehensive legal representation throughout each stage of your case.
We will thoroughly examine your case and the events surrounding the accident to determine the best legal route, and we will passionately advocate for you to receive the full and fair compensation that may be available in your case.