Most of the time, personal injuries are the result of someone’s negligence. Whether driving your car or breaking into someone else’s home, you want to trust that others are taking the necessary steps to ensure everyone’s safety. Unfortunately, this is not always the case of Liability agreements for families.
That’s when premises Liability agreements comes into play. The laws surrounding this are not cut and dry, and families seeking premises liability settlements should contact an experienced personal injury attorney for guidance.
What is premises Liability agreements?
This concept covers any case where injuries occur as a result of unsafe or defective conditions on someone’s property, including homes and businesses. It may also apply to tenants of rental housing, depending on the situation.
Some examples of premises Liability agreements are:
- Security issues
- Unsafe escalators, elevators or stairs
- Unsafe structural conditions, such as collapse of a roof
- Animal bites or attacks
- Inadequate maintenance
- Violation of the building code
Perhaps the most common example of premises liability is when someone falls and is injured as a result of the negligence of property owners. When this happens, you should contact an injury attorney to help determine whether you are entitled to a premises liability settlement.
It is important to note that simply being on someone else’s property and suffering an injury does not necessarily mean that you qualify for premises Liability agreements. The law provides three categories for visitors: invitees, licensees, and trespassers.
Guests and licensees are entitled to be on your property through direct or indirect invitation. For example, a customer who enters an open store to shop is considered an invitee. He or she has the right to be in a store and shop without injury.
Licensees typically apply to private residents, such as inviting a friend to dinner. In either case, if you are an invitee or a licensee, you can hold the landlord or tenant liable for any injuries you have suffered as a result of their negligence.
The third category of visitors (trespassers) refers to someone who has not been invited to the property and is present without permission. In these cases, the owner is not necessarily liable for injuries.
How does a premises liability agreement work?
Before you can receive compensation, you and your attorneys must establish the following criteria:
- Ownership of the property. This is the basis of your claim that someone is liable. You must prove that the person owned, occupied or rented the property at the time the injury occurred.
- Negligence. Not only must you prove that the person neglected your property, but you also need to explain and prove that the negligence caused your injury. For example, anfrozen walkway outside a business where you slip and fall or a non-compliant stair railing. It is critical to clearly connect these dots to win a premises Liability agreements case.
- Presence of an injury. Just because you fall on a property does not entitle you to a premises liability settlement. You must also suffer an injury in the process, such as bruised ribs, broken bone or brain injury.
Working with an experienced attorney can help you receive the compensation you and your family deserve. In this example of a multi-million dollar personal injury settlement, an 11-year-old boy suffered a brain injury due to an accident involving a window in his own bedroom.
The parties found negligent included the housing association, the window manufacturer and the property agents. When you have the best personal injury attorney on your side, you are more likely to get the best result.
Questions to ask in a slip and fall case
In today’s world, slips and falls are all too common. They account for more than 1 million emergency room visits each year. To determine whether your injuries fall under premises Liability agreements, you will need to answer the following questions:
- What conditions caused or contributed to your downfall?
- For how long did these conditions exist?
- Did the owner or manager know of the danger?
- Were there sufficient warnings to indicate the existence of a dangerous situation?
Answering these questions with a premises liability attorney will help you determine your next course of action.
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