Who Is Responsible In A Premises Liability Claim?
At Miller Injury Firm, if you sustained an injury or are involved in any other commercial dispute cases, our personal injury lawyers will represent you, and we care about coming up with solutions for our clients. At our firm, we prioritize our customers first and foremost, and we take the time and care to work with you closely. We are with you from start to finish, and we are confident our attorneys can represent you. We have more than 35 years of combined experience, and if you are located in Tennessee, we want to help you! You might have heard of a general liability before, but what exactly is a premises liability, and how does it differ? A general liability is when harm has been done to or on someone’s property. On the other hand, premises liability is a bit more specific, and it applies strictly in cases where an owner or a manager didn’t provide safe conditions on a property. We understand someone else’s carelessness is not your fault, and we will work hard to make sure you are compensated accordingly. All states are required to ensure that owners of a property maintain a safe environment for visitors, and if they fail to do so, this is where premises liability comes into play. A few premises liability lawsuits are:
- Animal and dog bites
- Slip and fall risks
- Lack of security
At Miller Injury Firm, we understand the seriousness of premises liability claims, and we want to help take the stress off your plate and ensure we do our part by getting you the best representation against the defendant. We encourage you to read further to discover more about premises liability claims and who is responsible. Contact us today.
How Does It Work?
Now that we dove into what premises liability means and a few common lawsuits, what happens when somebody chooses to file? In this personal injury case, the plaintiff puts their case in that their injury is the result of unsafe conditions of the property they stepped foot on. The injured party must prove that they were harmed, the defendant’s lack of safety measures caused this proven harm, and that the defendant owned or leased the property the individual was harmed on. Below we will investigate a bit more into common premise liability lawsuits and what they entail.
- Animal and dog bites: If an owner has an aggressive dog that lacks the proper training, pet owners are responsible for any harm their animal might inflict on another individual.
- Slip and fall risks: Falls might be the most common liability case, and they can occur due to inclement weather, loose flooring, and more.
- Lack of security: If you are an employee or a customer on a premise, the company should always ensure the safety of the site. Whether there is a robbery or vandalism, the business can face consequences if the proper safety measures haven’t been put in place.
Legal Status Of A Visitor
The visitor’s status is something to take into consideration when determining who is responsible in a premises liability claim. If you are a business visitor, for example, the property owner must provide a safe environment for the visitor, given they were invited onto the property. Another example could be a licensee who was permitted to step foot onto the property. This individual should be notified by the owner of any dangers they might otherwise be unaware of.
What happens in a case where someone trespasses onto a property, or a child steps foot onto a property unaware they are trespassing? Because children may be unaware they are invading an individuals property, if the owner knows the child is on the property without permission, they must fairly warn the child if there is a risk for serious injury. This is commonly referred to as ‘attractive nuisance” and essentially means that a child was drawn to enter the property for any given reason, but there is harm that a child could face if they did in fact step foot onto the premise. A few examples of dangers that are not liable include, but are not limited to:
- Open pits
- Sharp objects
- Hot water
Both Parties At Fault
It is often the case where the injured party was at fault to a certain extent for what happened because they have a duty to exercise their own care. This is where the “comparative fault” system comes into play, and in the state of Tennessee, we have comparative fault. In this doctrine of tort law comparisons are made in the fault of each party involved. This is usually resolved as a percentage, and the plaintiff and defendant will be granted a percentage, and they will then pay their portion.
At Miller Injury Firm, we have the experience and knowledge to represent you in a premises liability claim, and we will work endlessly to ensure you receive the representation you need and deserve. There are many factors to consider when it comes to deciding who is responsible in this specific kind of claim, and we hope this article gave you further insight and knowledge into how these lawsuits work and their potential outcomes. Talk with our middle Tennessee premises liability lawyers today to receive the best possible outcome.