The standard of care owed in premises liability cases

On Behalf of | Mar 2, 2018 | Personal Injury Law

Entering onto property owned by another should not give rise to fear. Unfortunately, though, far too often unsuspecting individuals invited onto the property of another are subjected to dangerous property conditions that can leave them with serious injuries. Oftentimes, this occurs in a retail or grocery store, but it can also happen when visiting others for social reasons or walking through a business’s parking lot. Regardless of where the accident took place, those who suffer harm in one of these incidences may be able to recover compensation for their damages by pursuing a premises liability lawsuit.

In premises liability cases, different standards of care apply to a defendant depending upon the plaintiff’s status. Those who are deemed to have been invitees onto the property, which includes store customers, are owed a duty of reasonable care. This means that property owners must take reasonable steps to ensure that the property is free of hazardous conditions. When such conditions are identified, they should be remedied quickly and invitees should be warned of them. Those who are deemed trespasser, on the other hand, are owed no duty of care.

When determining whether a property owner has exercised reasonable care, a court will look to certain factors. Amongst these factors are how the property was being used, whether the accident in question was foreseeable on account of the property condition and the effort put forth by the property owner to remedy the dangerous conditions.

Premises liability lawsuits can be difficult. They are often hotly contested, but victims who build strong legal arguments using the evidence at hand are often successful on their claims. Those who want to learn more about how to impose liability and hopefully recover compensation for their damages can speak with a personal injury attorney of their choosing. This information could help a victim understand their rights as well as the actions they could take.


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