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Premises Liability

If I fall on my neighbor’s property, can I sue?

If you fall and are injured on the property of another person, you may be able to sue for compensation under the theory of premises liability. The property owner would be liable if there was an unsafe condition on the property that the owner knew about or should have known about and that unsafe condition caused your injury. Further, the owner of the property will be legally liable only if you were legally on the property.

What is premises liability?

Under the legal concept of premises liability, owners of property have the legal obligation to maintain their property and keep it free of hazards to keep those who visit the property safe from injury. The obligation applies to owners, managers, and occupiers of residential property, commercial property, and public property. If someone is injured or killed on another’s property due to an unsafe condition, then that person or that person’s family can sue to recover damages for their medical bills, lost wages, and pain and suffering.

What are examples of premises liability accidents?

A premises liability accident is one that results from the negligence of a property owner. Common examples are slip and fall accidents due to a wet floor in a store, falling on stairs that are in ill-repair, becoming a victim of an assault in a poorly lit parking lot, being hit on the head by merchandise falling from a shelf in a superstore, and a porch or balcony collapse. The premises owner will be liability for injuries sustained from an unsafe condition only if the they knew or should have known about the unsafe condition and the injured person was legally on the property as an invitee or licensee.

Who can be a defendant in a premises liability case?

Premises liability cases can arise out of accidents on private, commercial, or public property. Defendants include owners, managers, and occupiers of grocery stores, big box stores, shopping malls, private homes, apartment complexes, rental property, restaurants, and government offices. The defendant can be whoever was responsible for creating the hazardous condition, curing the hazardous condition, or whoever was responsible for the maintenance of the property.

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