Property owners have a duty to make their premises reasonably safe and free from any known dangers. In the United States, premises liability laws are often complex and change considerably from state to state.
When a property owner or landlord does not use reasonable care in keeping their property safe and a visitor suffers injury, the property owner could be held legally responsible for any damages.
If you were injured while on someone else’s property, contact Linville Johnson to learn more about your options. Those affected and their families may be able to file a lawsuit and recover compensation with the help of a personal injury attorney.
We offer free, no obligation consultations, and we can help you determine whether you have a claim. You can contact us by filling out the form on this page, calling us at 501-777-7777, or emailing us at [email protected]
What is Premises Liability?
Although local, state and federal laws often vary in terms of the obligations that property owners have, the basic underlying idea regarding premises liability law remains the same. Property owners are required to keep the land and the buildings on their grounds reasonably safe for both authorized visitors and patrons with business at that location.
When they fail to perform this duty, unsuspecting people can potentially suffer serious injuries. Premises liability encompasses a wide range of cases, including:
- Insufficient security
- Defective sidewalks
- Electricity and electrocution
- Staircase accidents
- Slips and falls
- Swimming pool accidents
Swimming pool accidents often involve children, particularly when the pool has been left unsupervised or unsecured. Most swimming pools are required by local and state laws to have a fence surrounding the area. When the owner of a swimming pool leaves their swimming pool open, they could be legally liable for any injuries a visitor sustains.
Slip and fall accidents (one of the most common forms of premises liability) are likely to occur at any time and under any condition. Cracked sidewalks, uneven floors or steps, wet or slippery floors, ripped or torn carpet, broken stair rails, poor lighting, lack of secure areas around swimming pools and poor weather conditions that cause sleet, ice and rain all can potentially contribute to slip and fall accidents.
In addition to everyday conditions, building code violations, poor materials or construction, defective electrical wiring and water or snow left on walkways can lead to a premises liability case.
Elements of a Premises Liability Case
Property owners in most states are required to exercise reasonable care in owning and maintaining their property regardless of who may enter the property. In some states; however, the duty of the landowner to maintain reasonable care is limited, and the visitor’s status could determine whether or not the landowner or property owner is responsible.
In those states, a visitor’s status is often divided into the following categories:
- Invitee – An invitee is someone who has permission to enter the property, and are typically friends, relatives or neighbors of the property owner.
- Licensee – A licensee is someone who has the property owner’s permission, but are there for their own purposes, such as salespeople, utility workers or another person. The property owner typically must warn the licensee of any known conditions which might be dangerous to the licensee.
- Trespasser – A trespasser is not authorized to be on the property. Legal liability regarding trespassers are often complicated and vary from state to state. Property owners usually do not owe a duty to a trespasser unless that person is a child.
How Can an Attorney Help with a Premises Liability Case?
Property owners are obligated to routinely inspect their property for any hazards or dangers that might result in injury. If there are any known dangers, property owners are required to provide warnings to prevent any potential injury to those who enter their property.
If you were injured due to the dangerous condition of someone’s property, you might consider seeking legal counsel from a premises liability attorney, especially if your injuries are severe. Likewise, a personal injury attorney who specializes in premises liability cases may be able help you pursue a claim and seek the appropriate compensation for your particular situation.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, or if you want to speak with an Arkansas personal injury attorney, contact the Johnson firm today. You can contact us by filling out the form on this page, calling us at 501-777-7777, or emailing us at [email protected]
After you contact us, an attorney will follow up with you to get more information about your case. There is no cost or obligation to speak with us, and all of the information you provide is confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.