To win a premises liability claim, you must prove that the owner’s negligence caused your injury. These claims are usually based on the following incidents:
- Slip and fall accidents
- Trip and fall accidents
- Inadequate security
- Dog bites
- Swimming pool accidents and drownings
- Falling merchandise or objects
- Elevator and escalator accidents
- Stairway and handrail failures
- Inadequate or broken lighting
- Snow and ice accidents
- Toxic exposure
- Fires and burn injuries
- Structural collapses
- Amusement park and recreational accidents
Negligence comes down to four elements: duty, breach, causation, and damages. Each one must be established for your claim to succeed.
The Property Owner Owed You a Duty of Care
The first element of negligence is duty. Property owners owe a legal obligation to keep their premises reasonably safe for guests, but the exact duty they owe depends on why you were on the property.
In most states, visitors fall into three categories:
- Invitees
- Licensees
- Trespassers
Property owners owe invitees, or guests on the premises for business purposes (e.g., a store customer), the highest duty of care. They must regularly inspect the property for dangers and fix or warn of known hazards that could cause harm to guests.
Property owners owe licensees, or social guests, a lesser duty. They only have to warn of hazards they know about (rather than routinely inspect the property or fix dangerous conditions).
Property owners generally owe trespassers no duty; they do not have to warn such individuals of dangers, although there are exceptions involving small children.
Establishing which category you fall into is the first step in proving your claim.
The Property Owner Breached the Duty
The second element is breach. You must show that the property owner failed to meet their duty. Common breaches include ignoring a known hazard, failing to inspect the property, neglecting repairs, or failing to warn visitors of a danger.
Breach usually revolves around whether the owner knew or should have known about the hazard and had a reasonable opportunity to fix it or warn about it.
The Defendant’s Breach Caused Your Injuries
The third element is causation. You must show that the owner’s breach actually caused your injury.
Legally, the breach must have been the direct cause of your injury. Second, the harm must have been a foreseeable result of the owner’s failure.
You Suffered Damages
The final element is damages. You must have suffered actual harm as a result of the accident. Without measurable losses, you have no claim, even if the owner was clearly negligent.
Damages can include medical bills, lost wages, pain and suffering, and other losses tied to your injury. Usually, there must be a physical injury to trigger a claim for damages; emotional injuries may not support such a claim.
Proving all four elements takes evidence, investigation, and a clear understanding of the law. If you were injured on someone else’s property, contact Feagans Law Group today for help proving negligence and pursuing the compensation you deserve. Call (630) 940-2093.