Your Rights in Premises Liability Cases

by: Attorney Noyes

2/26/20242 min read

When you step onto someone else’s property, whether it's a shopping mall, a neighbor's house, or a public park, you have a reasonable expectation of safety. Unfortunately, accidents happen, and sometimes these incidents are due to the property owner's negligence. At Noyes & Associates, we understand the complexities of premises liability law and are here to guide you through understanding your rights and how to pursue a claim if you’ve been injured.

Understanding Premises Liability

Premises liability refers to the legal principle that property owners are responsible for certain injuries suffered by individuals on their property due to unsafe conditions. These conditions could include wet floors, uneven surfaces, poor lighting, or other hazardous obstacles.

Key Elements of a Claim

To establish a premises liability claim, several key elements must be proven:

  1. Ownership or control of the property: The defendant must own or have control over the property where the injury occurred.

  2. Negligence: The property owner failed to maintain the property safely or failed to warn visitors of potential dangers.

  3. Causation: The negligence directly caused the injury.

  4. Damages: The injury led to specific damages, such as medical bills, lost wages, or pain and suffering.

Types of Visitors

The duty of care owed by the property owner varies depending on the type of visitor:

  • Invitees: Visitors invited for business purposes (e.g., customers in a store) are owed the highest duty of care.

  • Licensees: Guests who are on the property for non-business reasons (e.g., social guests) are owed a reasonable duty of care.

  • Trespassers: Property owners have a limited duty to trespassers but cannot willfully harm them.

Common Premises Liability Scenarios

  • Slip and fall accidents

  • Injuries from falling objects

  • Dog bites or animal attacks on someone’s property

  • Swimming pool accidents

  • Inadequate security leading to assault or theft

Why Legal Assistance is Crucial

Navigating a premises liability claim can be complex, involving an in-depth investigation into the circumstances of your accident and a thorough understanding of state laws. An experienced attorney can help by:

  • Gathering evidence to support your claim

  • Identifying the liable parties

  • Negotiating with insurance companies

  • Representing you in court, if necessary

At Noyes & Associates, we are dedicated to fighting for the rights of those injured due to the negligence of property owners. If you or a loved one has been injured and believe it was due to unsafe conditions on someone else's property, we encourage you to reach out to us. Our team will work diligently to ensure you receive the compensation you deserve for your injuries and losses. Contact Noyes & Associates today for a consultation and let us help you on your path to recovery.