Taylor & Taylor handles all types of premises liability lawsuits. In a premises liability case, a property owner can be liable for damages arising out of an injury to a visitor that occurred on that owner’s property. Property owners and occupiers of properties have a duty to reasonably try to maintain a safe environment for visitors. When an owner or occupier fails to keep the property safe and a person is injured, the injured person may have a premises liability case. Common situations that may establish premises liability lawsuits are:
- Slip and Fall Accidents
- Swimming Pool Injury
- Animal and Dog Bites
- Inadequate Security
- Inadequate Maintenance
- Retail Store Liability
- Restaurant Liability
- Attractive nuisance
A landlord is not responsible for the injuries of a tenant's guest because the tenant is presumed to be in control of the property. However, there are exceptions, such as a concealed and dangerous condition already existing when the tenant takes possession.
The law categorizes visitors. An invitee is somebody invited onto a property for a commercial purpose. A licensee is present on the property at the invitation or by permission of the property owner or occupant. For invitees and licensees, the invitation is an implied promise the property is in a safe condition. A trespasser rarely has a claims based on premises liability, however there are exceptions, such as when a trespasser child enters a property by an “attractive nuisance,” such as a swimming pool or trampoline. An owner may have a higher duty of care under certain circumstances.
A property owner or occupant has a duty to regularly inspect the property to find dangerous conditions and repair or warn visitors to avoid injury. Any owner that fails to meet this duty can be held liable for visitors' injuries that result from it.
Contact Taylor & Taylor for a free initial consultation regarding your premises liability lawsuit.