If you have suffered an injury due to a dangerous condition on another person’s property, you could have a viable premises liability claim. That does not mean a property owner is automatically on the hook for any injury you suffer on their premises. The laws surrounding this type of incident can be complex, and a property owner may not be liable to pay compensation unless they owed you a duty of care at the time of your accident. Fortunately, a hard-working personal injury attorney could review your case and help you determine if a premises liability claim may be an option.
If your claim is successful, your compensatory award could cover all of your expenses related to your accident. If you have questions about the strength of your claim or the compensation you might be entitled to, a Marlborough premises liability lawyer may have the answers.
Types of Premises Liability Accidents
The term “premises liability accident” is broad, covering many different types of hazards that occur on various types of properties. A person may have a claim for accidents that occur indoors or outside, and these hazards could be either manmade or occur naturally. Some common causes of premises liability claims may include:
- Trips and falls
- Animal attacks
- Hazardous chemicals
- Falling objects
- Exposed wiring
- Negligent security
- Broken staircases
- Icy sidewalks and parking lots
Any of these hazards could lead to a viable cause of action. With the help of a Marlborough attorney, someone injured on another person’s property could pursue damages through a premises liability claim.
Proving Fault in a Marlborough Premises Liability Case
Proving a premises liability claim requires more than showing that an injury occurred on another person’s property. A Marlborough attorney must demonstrate that the injury resulted from a dangerous condition that the property owner failed to address.
Like most injury claims, these cases are built on a theory of negligence. To be successful in one of these claims, a plaintiff must show not only that a hazard existed, but also that the property owner failed to take steps to address this unsafe condition on their premises.
What can complicate these claims is that the steps a reasonable person might take vary depending on their relationship with the injured visitor. In some cases, a property owner owes a significant duty of care to the visitor. In others, they owe next to nothing to ensure a person’s safety.
Classifications of Visitors
There are three general types of visitors in a premises liability claim. Each type of visitor enters the property for a different purpose and enjoys a different level of protection under the law. The types of visitors include invitees, licensees, and trespassers.
Invitees generally enjoy the most legal protection because they enter someone’s premises for the property owner’s benefit. Invitees generally include customers for a business or visitors in areas held open to the public. A property own must take active steps to keep a safe premises for invitees.
Licensees are invited guests, but they enter the property for their own benefit. Some examples of licensees may include social guests or family visits. Typically, a property owner has a duty to warn licensees of hazardous conditions on their property. Finally, trespassers are those who enter a property without permission. A property owner owes them no duty, other than to avoid intentionally harming them.
Call a Marlborough Premises Liability Attorney
An injury resulting from the negligence of a property owner could have devastating consequences. Dealing with the pain, injuries, and expenses of these accidents can be a burden for most injured people.
A Marlborough premises liability lawyer could help lift that burden and assist you in pursuing a claim for damages. To learn more, schedule your initial case consultation.