What Happens When Someone Gets Injured on Private Property?
If a person becomes injured while visiting a privately owned property, the property owner may be held liable for compensating the injured party. The property owner is not automatically liable because it happened on their property, liability is determined through a premises liability claim.
The injured party has the burden of proof for such a claim and without proving duty of care, negligence, and causation, the property owner cannot be held liable for compensating the injured party. Read on to find out what each of these elements involves so that you can avoid being at fault in a premises liability claim.
Duty of Care
Property owners have a legal duty to provide reasonable care for all invited guests on their property. Uninvited guests are trespassers and are provided the lowest legal duty of care so the property owner isn’t typically liable for any harm.
Reasonable care includes properly notifying guests of any recurring or unresolved preexisting unsafe conditions. It also includes conducting regular maintenance to identify and repair unsafe conditions. A premises liability claim must show that the property owner legally owed the injured party this duty of care.
The premises liability claim must prove that the property owner neglected to properly maintain their property and remove or repair unsafe conditions. Recurring or unfixable conditions must be labeled and guests must be notified that the condition exists.
This element shows that the property owner’s failure to repair the unsafe condition, or failure to notify their guest, was the direct cause of the injuries. If the unsafe condition has not existed long enough for the property owner to correct it while conducting regular maintenance, the property owner cannot be held liable.
All three elements must be proved to hold the property owner liable in a premises liability claim. If you have questions regarding a premises liability claim contact Casas Law in West Palm Beach. They can answer your premises liability questions or you can fill out a free case consultation form.
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