Breaking Down The Components Of Premises Liability
Premises liability has a direct connection to slip and fall accidents. When a person suffers an injury (a slip and fall) while they are on someone else’s property, they may contact a personal injury attorney to file a premises liability claim. Although the term “slip and fall” may be somewhat misleading, it refers to an unsafe or potentially dangerous condition that existed when you were on the property.
At the Law Offices of William C. Robinson, we represent these types of claims because the injured person may lose wages from missing work, has to endure the limitations associated with being hurt, and want to recoup the money they lost. Though we will guide you through the process, we want to establish what it takes to win these types of claims.
The Four Elements
Before you can win a premises liability claim, your attorney will demonstrate that four conditions were present during the time of your injury. To give you a better idea of what they are, we will highlight them in the context of the following scenario: A person goes into a bookstore, and while looking around, a shelf collapses and injures their leg. What conditions need to exist?
The bookstore owner was obligated to provide you with a duty of care.
The bookstore owner failed to live up to that duty.
This failure led to your injured leg.
You suffered damages (e.g., loss of wages) because of the injury.
Being on the property does not obligate the owner to keep you safe. For instance, what if you had broken into the store? That is why there are different classifications for why someone is on the property:
Invitees such as patrons visiting a store (the highest duty of care).
Licensees such as guests at a party (the second highest duty of care).
Trespasses such as the example above (lowest).
The scenario we used is basic, but the customer was likely an invitee because they were in a store intending to buy books. Because a high duty of care exists, the personal injury attorney must show that the owner failed in their obligation. Had the shelves fallen before? Was there a system in place for inspecting them? Did they stack books on a shelf they knew to be unstable? The attorney would then have to prove that the shelf caused the injury to your leg. Lastly, they will show you suffered damages such as losing the ability to work, paying medical bills, and pain and suffering.
Speak with a Personal Injury Attorney
After you have been injured because of someone’s negligence, get the help you need and contact The Law Office of William C. Robinson. We want to learn what happened, so we can begin to get the compensation you need. Your first consultation is free, and we look forward to hearing from you.
