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Understanding Premises Liability and Negligence

Suppose you suffer an injury while at someone’s premises or property; you may be able to recover compensation if there is evidence of negligence by the owner of the property. Premises liability befalls the property owner when visitors suffer an injury because of a defective condition or hazards within the property.

Premises Liability Vs. Negligence

Premises liability is a subset of negligence. Not all injuries that occur at a person’s premises automatically result in liability. A personal injury lawyer can advise on the right course of action if you or a loved one suffers an injury on someone’s property. At Robert J. DeBry & Associates, the most common premises liability cases our team handled include:

  • Slips and fall accidents
  • Dog bite accidents
  • Swimming pool accidents
  • Boating accidents

In all these incidents, the personal injury lawyer should prove all elements of negligence.

Elements of Negligence

The first element of negligence a personal injury lawyer must show is that the property owner had a duty of care to visitors of the premises. For instance, in the case of a shop, they should have ensured there aren’t wet, slippery floors or other risks. Second, they must prove that there was a breach of such duty. Even though they realized a hazard, they did not take corrective action.

The third element of negligence is proof that the breach of duty directly resulted in injuries. Fourth, the plaintiff has to show actual damages for the court to award compensation.

Finding the Right Legal Counsel

Finding the right lawyer to assist with your premises liability case is crucial. At Robert J. DeBry & Associates, we take extra care to help our clients prove all elements of negligence in premises liability cases. Our lawyers bring a wealth of experience handling multiple forms of premises liability and negligence cases. Contact us for a free consultation call on your matter.

 

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