A Premises Liability case (also called a slip and fall case) is a type of lawsuit filed against a property owner or occupier in cases where negligence causes harm to another. In many cases, you’ll want to find a law firm for premises liability.
The type of person that can be held liable for the harm under a premises liability claim depends on the jurisdiction, but in general terms it includes:
· Landowners (property owners),
· Tenants to the land,
· Employees and agents of the property owner or occupier,
· Sales representatives in their “salesman” capacity
· Commercial invitees (customers) of a business on private property, and
· Other persons who are invited to be on private property
In the United States, premises liability cases are governed by state law. In each state, there are essentially two doctrines that create duty of care on the part of property owners. The first is called “invitee;” commercial customers who are invited onto the premises. The second is “licensee;” to other persons who aren’t invited but are on site.
There is a duty of care on the part of property owners with both types in that they must keep their premises reasonably safe. If they fail to do so, then they are liable for a premises liability case.
· In order to win a premises liability case, a plaintiff (the injured party) must prove that:
· The defendant was supposed to make the space safe for the plaintiff (“duty of care”), which they breached.
· The plaintiff’s injury was caused by the breach of duty.
· There was a causal connection between the breach and the damages that it caused.
Working with a lawyer can help you to sort out your rights and ensure that you get what you need as a result of your injury. Find a good lawyer and your case should end up in your favor.