A duty of care is essentially a legal duty that requires a person to exhibit reasonable care and avoid negligence or carelessness that could result in causing harm to others. The duty of care is present in many different situations. For instance, a doctor has a duty of care to their patient. Every medical professional must uphold a standard of care and behave in a way that other physicians would deem reasonable. All drivers have a duty of care to other drivers: they must drive safely, exhibit reasonable care, and refrain from any behavior that could cause a car accident or injury.
But what does this term mean about a premises liability claim? Here, the term refers primarily to property owners. All property owners owe a duty of care to all those who legally enter their property, which requires them to maintain a safe environment free from hazards. If a property owner does not keep their property safe, and a visitor encounters unsafe or dangerous conditions and gets hurt, a Hazleton premises liability lawyer could hold that property owner liable.
What is Premises Liability?
A premises liability case falls under the umbrella of a personal injury claim, and you’ll need an experienced premises liability attorney to understand that large umbrella. Premises liability is a broad term encompassing legal claims arising from a hazardous condition on someone else’s property. Typically, this means someone was injured on someone else’s property because of the property owner’s negligence.
A slip and fall claim is one of the most common premises liability claims. Slip and fall accidents, as the name suggests, occur when someone trips and falls on someone else’s property, presumably due to an unsafe or defective condition. If someone genuinely trips over their feet and sustains a serious injury, they likely don’t have the grounds for a premises liability claim. However, if their slip or trip and fall occurred because of a hazard on the property owner’s property, they may have grounds for a claim.
While something like a slip and fall may not sound scary, accidents like this have the potential to cause severe injury, leading to things like traumatic brain injuries and possibly even wrongful death. If you or someone you know has been injured due to someone else’s negligence, contact a premises liability attorney today to open your premises liability case and learn how we can help you pursue compensation.
What are Examples of a Dangerous Condition?
Dangerous conditions that cause serious injury can take many forms. Some of the most common dangerous conditions that result in a lawsuit include:
- Damaged flooring
- Poor lighting
- Broken stairs or stair rails
- Wet or slippery floors
- Electricity issues
- Loose rugs or carpeting
- Falling objects
- Dog bites
- Defective elevators
- Inadequate security
- Swimming pool accidents
If you have encountered a dangerous condition and sustained a serious injury, contact us today to get started on your personal injury case.
How Do I Prove Negligence In a Premises Liability Claim?
As with all personal injury cases, a few key elements are involved in establishing negligence and proving that the negligence led to the victim’s injury after a premises liability accident. The four key steps involved in premises liability cases are:
- Duty of Care: First, your personal injury lawyer must show that the property owner owed a duty of care to the victim.
- Breach of Duty of Care: Next, the claimant’s personal injury attorneys must show that the property owner breached this duty. This involves a few factors: First, an unsafe condition existed. Then, the property owner knew or should have known about this condition. Lastly, the owner failed to inform the claimant about this condition and did not attempt to remedy it.
- The Breached Caused Injury: The next step for injured victims is to prove that this breach of care occurred and directly caused or resulted in the accident in question. For instance, using broken stairs on someone’s property (that the property owner knew of and did not fix) caused the claimant to fall and sprain their ankle.
- The Injury Resulted in Damages: The final step is to show that the injury resulted in damages for the claimant. In a premises liability case, the claimant is not seeking jail time or “punishment” for the defendant; rather, they are looking to receive fair compensation for the losses they’ve endured due to their injury. This may include lost wages, medical bills, expenses, and more. Therefore, the claimant must show they’ve experienced these losses because of their accident and injury.
What Are Strict Liability Cases?
While most premises liability cases are based on property owners’ negligence, some are not. Under premises liability law, there’s another category of cases known as strict liability claims. These claims do not require proof of negligence or intent to cause harm. Rather, in a strict liability case, a person can be held liable for someone’s injury even if they did not exhibit any negligence.
Two of the most common examples of this type of case are dog bite cases and defective product cases. In a defective product case, if a product explodes and injures the user, the maker or other liable party can be held legally responsible even if they did not know the product could explode and were not negligent in making it.
In premises liability cases, a court could find the property owner liable even if they were not negligent in keeping their property safe.
Contact a Hazleton Premises Liability Lawyer to Learn More
The best way to set yourself up for success and secure a fair settlement is to work with an experienced personal injury lawyer who is familiar with all local laws and has an excellent track record that speaks for itself. At Munley Law, we offer exactly that.
We are a family business, and when you work with us, you’re family, too. We have the skills and resources to fight for you, and our experienced personal injury attorneys will not rest until the responsible party is held accountable for their actions. Whether you’ve sustained serious injuries or something more minor, you deserve justice, and our personal injury attorneys can help you get there.
We are one of the premier law firms in the area. Let us handle your premises liability claim so you can focus on recovery and returning to the life you love.
Contact our law firm today to schedule a free consultation and meet with one of our personal injury lawyers.
Munley Law Personal Injury Attorneys
197 N Cedar St.
Hazleton, PA 18201
(570) 536-9498
