What are the elements of a premises liability claim?

What are the elements of a premises liability claim?

If you suffer injuries due to unsafe or hazardous conditions at someone else’s property, you can file a premises liability claim against them and get compensation for your damages. This can arise in several instances, such as a slip-and-fall caused by a wet floor or defective stairs, parking lot accidents or even a dog bite incident.

For the property owner to be legally liable for your injuries, the key elements of a premises liability claim must be present in your case, as discussed below.

1. The defendant owns or controls the property.

The person you intend to sue must have been in control of the premises at the time of your accident. The potential defendants in your premises liability claim could be the tenant or the property owner.

2. They owed you a duty of care.

Your presence in the property must be lawful to file a premises liability claim. While property owners are responsible for the safety of their visitors, the same cannot be said of trespassers or people who are illegally present on the property.

3. Their negligence caused your accident.

Did the property owner take reasonable steps to keep you safe from harm? If they failed to, leading to your accident, it could amount to negligence or a breach of the duty of care owed to you.

4. You suffered damages due to their negligence.

The last piece of the puzzle is proving that you suffered damages due to the defendant’s negligence. Such damages include physical injuries, emotional anguish, pain and suffering from your accident.

You may have a valid premises liability claim, but it is best to reach out for assistance on what you need to do to present a solid case and get compensation that covers all your damages. Proper legal representation will greatly improve your chances of a desirable outcome.

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