If you have been injured on someone else’s property and want to successfully file a case based on Premises Liability,
your case will only be successful if the following three principles apply:
If any of these three points cannot be demonstrated, you will struggle to get compensated for injuries sustained on someone else’s property.
Who’s to blame in a premises liability case?
Slips and falls can
happen anywhere and on anyone’s property. Imagine you're walking through a grocery store and slip on a wet floor or
trip over a loose stone in a restaurant’s walkway and break a bone. Injuries like this seem so avoidable,
if only the grocery store had put a sign out indicating “Wet Floor!” or if the restaurant had fixed that
stone two months earlier when they’d noticed it for the first time. But here’s where Premises Liability
gets tricky. If, for instance, there was a sign saying ‘Wet Floor, Beware!’ and you slipped and fell because
you were not paying attention, then you may not be able to prove liability on the store’s part for your fall.
That’s where a good Premises Liability Attorney can help you sort out the issue of negligence and liability.
The bottom line is, no two slip and fall cases are the same. There is no set way to determine blame. Only an
expert Personal Injury Attorney can tell you if you have a case.
If you should bring a lawsuit against a property owner, the court will weigh how long such a situation existed and whether or not the property owner was careless or unreasonable in allowing a condition such as this to exist. In addition, the court also considers whether he warned you that the problem existed and you ignored him. Conversely, the court will also determine if the victim is a ‘reasonable person’ as well. For instance, if the victim was trespassing on the property owner’s land or if he was doing something he clearly shouldn’t have been doing (like drinking five beers and climbing to the top of the nearest oak tree) then the court will take the victim’s own actions into consideration when determining Premises Liability.