“Premises liability” is fairly generic legal term. However, when you begin breaking it into different types of cases, it becomes clear that every situation is very different. There are many types of premises liability cases, and each type has different necessary aspects that should not be overlooked.
Slip and Fall Accidents
This may be the most common example of a premises liability case. Many times, if someone slips and falls, the liability can fall on the owner of the property in which it occurred. However, in order for this to happen there are a few aspects that need to be proven.
First, was the owner aware of the hazard? For example, if someone told the owner that the sidewalk was icy, yet the owner still chose to do nothing about it, this could be seen as neglect and could be means for the case. However, if there was no way for the owner to know that there was a hazard, he would be less likely to be held liable.
This is another form of premises liability. However, in this case, the responsibility will not always fall on the owner of the property in which the incident occurs, but on the owner of the dog. In a case such as this, the court will likely look at all of the factors in order to come to a conclusion.
Many times it must be proven that the dog’s attack was unwarranted and not a means of defense. Once again, negligence plays a huge role in this type of case. If the owner was not keeping an eye on the dog or the dog was allowed off a leash and this is what led to the incident, it could be considered a form of negligence on the part of the owner.
Like in the case of a slip and fall, it is important to prove that the maintenance issue was known about before the incident and no action was taken in order to fix it in a timely fashion.
For example, let’s say a renter called her landlord to let him know there is a leak in her apartment. However, a few days go by and no one shows up to fix the leak. If this woman slips and falls due to the leak, she would be able to claim negligence and could be entitled to compensation.
It is the property owner’s responsibility to ensure safety of anyone who might be on the property. This is a common issue in parking garages. It is important that many measures are taken in order to ensure security in places such as these. Common measures to take would be employing security guards, installing cameras and warning signs, and providing help poles throughout the space.
Help from an Indiana Personal Injury Lawyer
If you you were injured because of someone else’s neglect, you could be entitled to compensation. Call Hensley Legal Group today for a free consultation or contact us online.