The Basics of Premises Liability

 Posted on November 29, 2013 in Personal Injury

When you are on another person's property, there is an expectation that you are safe. However, that is not always the case. The most common type of injury in these circumstances is a slip and fall accident. In order to prove that the accident was due to negligence on the part of the property owner, there are certain things that need to be proven. The first requirement is that an accident on the premises was the cause of an injury. It does not matter if the injury is small or severe, as long as an injury occurred due to the accident on the property. Beyond that fact, it is necessary to prove that the property owner was the cause of the accident. Otherwise, the accident and subsequent injury might be normal in the daily course of living. Liability is determined if one of the following are true.

• The premises manager or a responsible party has caused the dangerous condition. This includes circumstances like uneven flooring, poor lighting, ripped carpeting, constricted stairs or a slippery floor.
• If the owner or operator of the premises was not the agent of the dangerous condition, then it is necessary that they were aware of it. In this case the situation was known and no action was taken to remedy that danger.
• If the owner was not aware, there is another way to prove liability. The condition persisted for such a time that the owner should have been aware and fixed the issue to avoid possible injuries.

The condition must also be outside of the realm of normalcy or "reasonableness". For example, there are certain things that belong on the ground. If it is reasonable to have an object on ground that was the cause of the injury, then there might not be a case. Another factor that may determine liability in your potential case is your role in the accident or what is termed your carelessness. To review your potential case, contact an experienced personal injury attorney in Rockford today.