Premises liability is a term used to describe an individual’s responsibility to his or her own property, whether that property is his or her own home, business, restaurant or an assisted living facility such as a nursing home. When an individual knowingly fails to comply with obvious safety standards in regards to his or her property, the property owner is held responsible for any injuries or accidents that occur on the property. In order to prove negligence in a premises liability case, several things must be present.
1. You must have evidence of the injury. In some cases, emotional trauma caused by verbal abuse may be much harder to prove. However, with witnesses and therapists to support the individual, it becomes much easier to prove this type of injury.
2. You must be able to prove that there was a hazardous condition on the premises. Whether the dangerous condition resulted from a wet, slippery floor, broken or uneven flooring, broken handles or railing, faulty lighting, unmarked stairways or other unsafe conditions, you should always take pictures of the scene, if possible.
3. You must be capable of proving that the property owner neglected to exercise a reasonable level of care in order to maintain safe premises. The ‘reasonable level of care’ is generally determined by asking yourself the following questions:
- Was the accident foreseeable or preventable?
- Could the object have been placed in a safer area?
- Was the scene of the accident clearly hazardous for a long period of time and the property owner failed to fix it?
- What is the intended use of the property?
- Did the property owner warn people about the potential hazard?
Before attempting to seek justice on the responsible party, it is immediately important to consult with a seasoned attorney from Wendt Law Firm P.C. Our legal team is composed of skilled litigators who can carefully assess your situation and determine a reasonable method to move forward.