Premises liability cases are an all too common issue that are faced when an invited individual is injured in some way, while on the property of another person. This property can be both private or public and the individual may have been invited there for any number of reasons. When the property is public, that means that it is open without a formal invitation. It may be open for public access all the time or during certain hours of operation. A public place may include a library, park or even a store. Stores open their doors to consumers to come purchase their product and part of their responsibility is that they will offer an area that is safe. They are responsible to keep up with maintenance and make sure that any area that the public has access to will be safe from all reasonable dangers. What is considered reasonable can vary and this will need to be assessed in each case.
An Overview of Premises Liability
In a premises liability case, there was an injury that occurred on the property of another. It may have been a fall, hitting their head or other accident that caused them harm. The main thing that will need to be established is whose fault it was. When an accident takes place on property it may be the injured party that was failing to pay attention or was acting recklessly. It can also be the owner of the property that was negligent in providing a safe area on their land. This may be failing to keep up with basic maintenance to ensure everything is working adequately. It can also be not actively going around the property and getting rid of any potential dangers, such as keeping walkways clear. They may know that a danger exists but they do not fix it or offer warning.