The law of premises liability can cause an owner or occupier of real estate to be responsible for injuries suffered by people who are on that property and get injured. Premises liability is almost always controlled by the law of negligence, and it’s usually seen in the context of injuries resulting from dangerous conditions on property that aren’t remedied or warned of.
The owner or occupier who controls property owes a duty of care to those who come onto the premises. That duty depends on the legal status of the person claiming injury. The legal status of claimants might be:
- Invitees who come onto the property for legitimate business purpose
- Licensees who are usually social guests
- Trespassers who have no legal right to be on the premises
Negligence
In order to prove that an owner or occupier of land was negligent, the injured party must prove certain elements. Those are that:- The landlord owed him or her a duty
- There was a breach of that duty
- The breach of the duty caused the claimant’s injuries
- He or she suffered legally recognized damages
Common premises liability accidents
The most common premises liability accidents involve slip and falls and trip and falls in residences and commercial properties. Other common premises liability accidents involve:- Dog Bites
- Elevator and escalator malfunctions
- Falling merchandise
- Fires and explosions
- Inadequate security
- Porches and stairs collapsing
- Slip and falls
- Snow and ice injuries
- Swimming pool accidents
Common premises liability injuries
Since most premises liability cases involve slips and falls and trip and falls, traumatic brain and spinal cord injuries are common. Other common premises liability injuries consist of:- Facial fractures and traumatic dental injuries
- Wrist, arm and shoulder fractures
- Hip fractures
- Spinal fractures
- Knee and ankle injuries
- Deep cuts, bruises and abrasions
Damages in premises liability cases
Since nearly all premises liability cases revolve around the law of negligence, the damages that are ordinarily recoverable in those cases are also recoverable in premises liability cases. The objective of a damages award is to try to put the injured person in the same position that he or she was in before the injury. That’s known as a compensatory damages award. Compensatory damages in negligence cases might consist of:- Past and future medical bills
- Past and future lost earnings
- Any permanent disfigurement
- Any permanent disability
- Pain and suffering
- Loss of a normal life