Premises Liability
When you are injured on the premises of another, the law allows you to make a claim if the
landowner was negligent and that negligence was the cause of your injury. This is another area of law which has
undergone a significant degree of change in recent years.
The legal theory behind premises liability law is that the owner and occupier of land are legally
responsible for accidents or injuries occurring on that property if the owner/occupier is negligent. There
are a wide variety of claims which fall under the umbrella of premises liability. These claims range from
slip & falls to injuries from malfunctioning amusement park rides.
The legal status of the injured party is critical in assessing a premises liability claim. For example, a
landowner has more responsibility to an invitee (such as a customer shopping in a store) than they
would to a trespasser.
There are numerous factors that a court might consider in determining whether or not a landowner is
responsible to pay for your injuries. These include the following:
- Circumstances under which the visitor entered the property;
- What use the property is undertaken;
- Reasonableness of the owner or possessor’s efforts to warn of a dangerous condition or efforts to repair a dangerous condition on that property;
- Foreseeability of the injury or accident.
Attorney James Giffels is experienced and aggressive in the handling of these claims. If you believe you
were injured due to a dangerous condition of property, call for your free consultation.