Premise liability refers to personal injury claims asserted against a person, company, business, etc. who owns, possesses, or controls the premises, or property, on or where which an injury occurs. Slip and falls in markets, restaurants, office or apartment buildings are classic examples of premises liability.
The key issues in personal injury slip and fall cases are whether the owner had known of the hazard that caused the injury and whether appropriate steps were taken to protect people who are reasonably expected to be on the premises.
Showing that the owner had knowledge of the hazard is part of a premise liability case. For example, a shopper in a department store slips on wet floors in the men’s restroom which had been recently mopped by the janitorial crew. The store in this example is deemed to have had actual notice of the condition because its employees created the condition.
Unfortunately, owners in a premise liability case rarely admit to having been aware of a dangerous condition on their property. Hence, more commonly, we have to show that the owner or possessor had constructive notice of the condition. ‘Constructive notice’ means that the condition was present for a sufficient period of time so that the defendant owner or possessor would have been aware of it if they had conducted a reasonable inspection of the premises.
Another piece of premise liability cases is showing that you were injured because appropriate steps were not taken to protect you, a person who was reasonably expected to be on the premises. For example, the restroom was not closed when the floors were wet and there was not a warning sufficient enough to place you on notice that the area posed a danger and that you should stay away.
This article is for educational purposes only and is not meant to serve as legal advice. You should always contact an attorney to discuss any legal matter.
If you have a personal injury case, such as a slip and fall, or dog bite and want to get an honest assessment of your case and be educated as to your options, please call 1-800-444-5309 or visit PisanchynLawFirm.com