Premises liability cases include all accidents caused by dangerous conditions on someone’s land/property. They can happen anywhere, from businesses to neighbor’s houses to public sidewalk. Some of the examples include slipping on a spilled water, tripping over an obstacle, falling down a staircase because of the broken handrail etc.
- One of the most common defenses in premises liability cases is Assumption of the risk. It occurs when an individual understands the dangerous conditions on the property and still voluntarily exposes herself/himself to that danger. For example, you cannot climb up the shelfs at the grocery to reach the items at the very top, fall hurting yourself and then seek money damages. You assumed the risk of the injury by doing something you were not supposed to do in a store (climbing the shelfs).
- Another defense the premises owners can often use is “open and obvious.” In a nutshell, it means the defendant is not liable if the conditions that caused you an injury were clearly visible and noticeable to others and you just failed to pay attention.
- You also have to be lawfully present on the property when you get hurt. You cannot trespass to someone’s property and then try to hold them liable for the injuries you receive while being there.
- All premises liability cases are very fact-specific and require to establish negligence on the part of the premise owner in allowing the dangerous conditions to exist. If you hurt yourself on someone’s property, make sure to document everything, take pictures and ask for contact info of all eye witnesses.