A claim based in premises liability typically arises when an individual is injured as a result of a defective condition on the property of another person or entity. If the injured person can establish negligence on the part of the property owner, and that said negligence caused the injury, then the injured victim should be able to state a cause of action under a premises liability theory against the negligent property owner.
A claim in premises liability can take on many different forms. The most common claim is for slip-and-fall injuries. If a property-owner either knew or should have known of a defective condition on their premises, such as a spilled substance on the floor, but failed to remedy the situation, then said defect could create liability for the injury sustained. Other examples of potentially defective premises conditions which may give rise to liability include, but are not limited to, swimming pool accidents; fallen trees or branches; animal attacks; broken furniture; and fires.
Premises liability cases are extremely fact-specific, so confirming, reporting, and preserving evidence is crucial in order to be able to present a compensable claim. Of course, it is common for the alleged defective condition to be cured very quickly after the property owner receives notice of the injury. For this reason, if you have been injured in an accident and you believe you may have a cause of action for premises liability, you should immediately contact experienced legal counsel at the Eames Law Group, Ltd. to help you determine all possible liable parties, insurance companies, and seek the appropriate damages for the injuries you sustained.