PREMISES LIABITY LAW

The premises liability law is mainly used in personal injury suits when a person suffers from

any kind of injury as a direct result of a hazardous or dangerous situation on someone else’s

property. Most of these injuries are caused due to the negligent behaviour from the property

owner’s side. Negligence here means that the premise owner had failed to keep his property

safe and give it reasonable care. The duty of care is to ensure that the owner of the property

acts in a responsible manner to prevent any kind of injury to the public.

To win the premises liability lawsuit, it is very important for the injured person to prove that

the owner was actually negligent. In addition to that, just because the owner had kept his

property in an unsafe condition doesn’t mean that the owner was careless or negligent. It is

important for the defendant to prove to the jury that the property owner knew about these

unsafe conditions and still failed to act upon it to prevent any negative implications in the

future. In order to win a premises liability law, the plaintiff must prove the following points

to the jury:

 Firstly, she/he must prove that the defendant is in charge of the property he was

harmed in.

 Next, he must prove the owner’s negligence in the maintenance of the property.

 After this, the victim must prove that his injury happened within the premises and the

owner’s negligence was also a crucial factor leading to the injury.

Warning and caution signs can also make the case challenging. In such cases, to determine

the link between the injury caused and the warning sign, it is important to analyze if the sign

was required in the first place or not. If the sign was not required, then its absence or presence

doesn’t make any difference.