Premises Liability injuries occur when an individual, usually the victim, is injured while on another person’s property or as a result of another person’s failure in maintaining their property so that injuries do not occur.
A property owner is not absolved from responsibility or cannot shift the responsibility to another party since the injury occurred on the property. For example, if an elevator is maintained by a third party and the elevator causes harm to a person, the property owner is still held responsible for the injuries sustained by that person. Just like other areas of law, even though there are exceptions, the property owner is generally held responsible for the injuries a person sustains while on their property.
The most common type of premises liability case is when the plaintiff is injured as a result of a “slip and fall.” Other premises liability injuries can occur as a result of stairway accidents, elevator accidents, code violations, unmarked hazards, falling merchandise onto a customer, building collapsing on a person or as a result of toxic chemicals stored at the property.
The liability of the property owner for the plaintiff’s injuries depends on the plaintiff’s status at the property. The plaintiff is labeled as one of the following:
- Invitee – The owner/occupier of the property invites the plaintiff to the property (i.e. a customer shopping at a store)
- Licensee – The owner/occupier allows entry of the plaintiff onto the property (i.e. a guest)
- Trespasser – A person entering the owner/occupier’s property without consent
If you have been injured on another person’s property or as a result of that person’s failure in maintaining the property, please contact the experienced attorneys at Prober & Raphael Injury Lawyers at (818) 466-1000 for a free consultation of your case. And remember, no attorneys fees are collected by our firm until your case is won!