The Vastness of the Law

These Questions Help Determine Premises Liability

In a premises liability claim, you need to prove that the defendant is liable for your injuries before you can get your damages. This proof is important because a property owner is not liable for your injuries just because you were on their premises. Below are some questions that can help determine premises liability.

What Were You Doing?

The court needs to know what you were doing on the property at the time of your injury. Specifically, the court needs to know which of these categories you fall into:

The property owner owes you the greatest duty of care if the court classifies you as an invitee but still owes you a duty of care as a licensee or trespasser. For example, property owners must go out of their way to ensure the safety of invitees on their properties.

What Caused Your Injury?

This question is significant because a property owner is not liable for every accident that occurs on their premises. Some of the crucial factors here include:

For example, high heels can cause you to trip and fall while shopping. The owner or manager of the shopping mall is not responsible for such an injury. Property owners are only liable for dangers they create, knew about, or should have known about. The court will also be interested in measures, if any, that the property owner took to protect the public from the danger.

How Old Are You?

Lastly, your age also comes into play because different rules apply to minors and adults. Personal injury laws hold minors to a lower degree of responsibility compared to adults. For example, an adult might know that swimming in an abandoned pool is dangerous, but not a child.

Thus, the government holds property owners to higher standards of liability in cases involving children. It is for this reason that the law rarely subjects children to contributory or comparative negligence.

To learn more, contact a personal injury attorney in your area.