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Premises Liability

If you visit someone’s property, it is reasonable for you, as a visitor, to expect that you will be safe. If the conditions of the property are not safe, and you are injured, you can seek compensation for premises liability.

Premises liability is when some type of injury has been caused due to unsafe or defective conditions on someone’s property. It is the responsibility of the property owner or resident to maintain a safe environment for visitors, whether they are invited or not.

Proving negligence is key to winning a premises liability case. The injured must prove that the property owner was negligent in the ownership and maintenance of their property, which caused the personal injury. Being injured while on someone else’s property due to unsafe conditions does not automatically mean the owner was negligent. It must be proved that the property owner knew or should have reasonably known that his or her property was unsafe and he or she failed to take action to improve the property’s condition.

Liability in a premises personal injury case is determined by the laws and procedures of the state where the injury occurred. The focus of the case differs by state. Some states focus on the injury of the visitor, while some states focus on the condition of the property where the injury occurred.

Types of Premises Liability

  • Dog bite
  • Fire
  • Leaks
  • Flooding
  • Inadequate property maintenance
  • Snow and ice accidents
  • Slip and fall accidents
  • Toxic fumes
  • Swimming pool accidents
  • Amusement park accidents

Contact Bernstein and Bernstein for experienced representation if you or a loved one has suffered injury from an accident while on someone else’s property and you believe the property owner may be negligent. The key determinate in a premises liability case is proving the property owner’s negligence. A knowledgeable attorney can help you prove negligence, recover the compensation you are due and answer any questions you may have. We are here to help you.