Premises Liability: Who Is Responsible?

A slip and fall accident that debilitates your arm; a dog bite on the back of your leg that leaves you limping; chronic headaches from toxic fumes in your workspace. These are all serious hazards that could leave you with expensive medical bills and they are all probably not your fault. When an accident or incident occurs that causes you injury, if it was on someone else’s property, you might have a premises liability claim on your hands.

However, the success of your case relies on two things: retaining a personal injury lawyer and proving liability. The first step can be as easy as picking up the phone and dialing 215.764.3008 to get in touch with our firm. Proving liability is a different story altogether, though, and typically hinges on three requirements.

Duty of Care

Before you bring a premises liability lawsuit to someone, you need to first be certain that they were primarily responsible for maintaining the safety of the property. This could be the person who owns the home you were visiting or the manager working at the time you were injured in their retail store. Whoever it is, you need to be able to prove that they had the duty to keep their guests and visitors reasonably safe.

Breach of Duty

Once you have determined who was supposed to be keeping the premises safe and clean, you will have to show that they failed that specific duty, due to their negligence or recklessness. In most cases, this means that there were reasonable or ample opportunities for the defendant to discover the hazard and rectify it readily. For example, if you slipped on a spill at a cashier’s stand, it would be difficult for them to argue that they had not seen it, as an employee was likely right next to it for some time.

Causation of Injury

The final step can be the trickiest one by far, as you now need to prove that your injury was actually caused by someone’s breach of duty, or negligence. If there were no security cameras around, you must rely on eyewitness testimonies and medical records or doctor’s notes regarding your injury. If you have retained a reliable personal injury attorney, they will be able to compile the evidence for you and find the best way to present it in your favor.

If you are thinking of filing a premises liability claim against someone, it is important that you do it as soon as possible. If you delay too much, a statute of limitation could prevent you from seeking compensation at all.

Contact the premises liability attorneys at Sacks Weston LLC today for more information about how to begin your case.