Some of the Instances when Premise Liability Exists
Premise liability is based on the negligence of property owners and possessors. The law makes them liable because they failed to prevent accidents from occurring in their premises.
More often than not, these accidents happen with the claimant thinking why the accidents befall him when he has been careful enough so as not to figure in one.
Yes, it is given that accidents can happen any time and to anyone. But some can actually be prevented from occurring through caution.
In cases of slip and fall for instance. This accident can be a ground for premise liability claim especially when the establishment did not post anything so customers or visitors can exercise extra caution.
If the accident happened, for example, in a restaurant, the restaurant owner or the operator, under the law, can be held liable for compensation for the injured customer.
Another common example that illustrates premise liability is an accident that can take place while you are visiting your friend’s house.
You suddenly figured in an accident because your friend left an open electric cable wiring in the floor or left a misplaced appliance where you bumped and hurt yourself. You are entitled to compensation because your friend has been negligent in the eyes of the law.
Premise liability can also exist against the owner or possessor of a property, which is inherently defective. Added to that is the failure to make necessary repair or maintenance and issue warning of the impending danger in the property.
Victims or those who suffer injury or death may recover from the property owners or possessors but not everyone can. There are exceptions.
Like in the case of trespassers, they are not allowed to claim from the owner of the house, which they trespass. To do so would be to tolerate such an unlawful conduct.
Another example is a burglar. He was at the house of the owner or tenant without consent or even against the will of the latter. If he/she happened to figure in an accident inside the house while robbing it, he/she cannot thereafter argue that he/she can recover damages for the injuries sustained from the owner because the accident happened inside latter’s house.
As the burglar was then committing a felony when injured, the law cannot be invoked. Otherwise, the burglar would be benefiting from a rather wrongful act.
But, there is still exception to the exception. Even if children trespass someone’s house or property, still they can hold the owner or possessor liable for any injury they may sustain in the premises. The reason is that children have low or no perception whatsoever of any danger that can befall them.
As to accidents that happen in the workplace, the same is also covered by premise liability. However, the amount of claim under the workmen’s compensation is rather limited and small.
If however, the accidents occur because of a defective condition of roads, pedestrians walkways or any property under the ownership or administration of a district, county, city or state, the premise liability claim may be pursued under either the Federal Tort Claims or state tort claims. The latter law varies from state to state.
For an immediate and reliable assistance on your premise liability claim, our Los Angeles lawyers are willing to be of service.
About the Author
Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world.
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