Property owners and managers have a responsibility to protect their visitors from avoidable harm. If an accident causes a visitor to suffer injuries, the owner could be held civilly liable for their damages.
It is often difficult to file suit for an accident that occurred on someone else’s property without help from an experienced personal injury attorney. Once retained, a Gilbert premises liability lawyer could work with you to collect evidence, calculate your losses, and present a comprehensive case for compensation. Whether you are pursuing an out-of-court settlement or civil lawsuit, reach out to our firm today.
Property owners and managers do not owe the same duty of care to everyone. The degree to which a property owner or manager must prevent foreseeable harm varies depending on the injured party’s legal classification.
Under state law, invitees and licensees are both owed a duty of reasonable care. Invitees are individuals whose presence exclusively benefits the property owner. Licensees have permission to be on the premises but do not have any financial value to the owner. Property owners are required to warn lawful visitors of known hazards and inspect the premises for unknown threats.
If an owner is aware of a trespasser on their property, they must only refrain from causing them intentional harm. A local attorney could go into further detail about how premises liability classifications may impact a given case.
Once a plaintiff establishes their status as a legal visitor, they may proceed with the next step in the litigation process. Injured parties must prove the negligence of the property owner. Actions that may demonstrate liability include:
If the plaintiff experienced compensable losses as a direct result of the defendant’s actions, they could recover damages. However, property owners generally cannot be held liable for injuries caused by clearly noticeable hazards.
If the threat was “open and obvious” to a degree that any reasonable person would notice and avoid it, the owner might not be held liable. Guidance from a premises liability attorney is often useful when proving negligence and establishing that the hazard was not evident.
Getting in an accident on someone else’s property can often serve as grounds for civil litigation, but property owners are not liable for damages in every situation. There are critical elements of legal negligence you must prove to hold a property owner or manager responsible for your accident. Additionally, there are several legal limitations that could restrict available compensation.
Retaining a qualified attorney could improve your chances of achieving a positive outcome. Put yourself on the right track by getting in touch with a Gilbert premises liability lawyer today.