You have probably heard of accidents occurring on someone else’s property, where victims get caught up in claims and lawsuits. This is something called premises liability. But, what does premises liability cover in personal injuries?

In a nutshell, premises liability law is a critical tool in the legal system, addressing who must take responsibility for any harm that happens to visitors on someone else’s property. This set of laws protects people from injuries and clarifies when landowners should not be held accountable for incidents occurring on their premises. This article will discuss the meaning of premises liability and how it applies to personal injury cases. It will also discuss why you need an experienced personal injury attorney by your side from the Law Offices of Jared Spingarn in Hollywood, Florida.

What is premises liability?

Essentially, premises liability holds the property owner accountable for any injuries or deaths that occur on their premises. This type of law applies to residential and commercial properties, public parks, and government entities.

The premise behind this kind of law is that landowners should ensure that anyone visiting their property is safe, as the owner may be held liable if they fail to ensure this safety. Sometimes, this law will extend to the responsibility of tenants or other people who are legally responsible for a property’s upkeep, such as landlords or shop owners. In some cases, even manufacturers may be considered accountable in certain product liability cases.

Straightforward Premises Liability Cases

These cases typically involve a straightforward, direct relationship between the property owner/manager and the injured party. The injured person must prove that the property or its occupants failed to provide reasonable care under the circumstances. Most straightforward premises liability cases may include the following:

• Slip and fall accidents due to wet floors or sidewalks
• Failure to maintain the floors and sidewalks of the property, leading to something called ice accidents/inadequate maintenance of the commercial or residential property
• Dog bites due to a landlord’s failure to prevent their tenant’s dog from escaping
• Toxic mold in a rental unit that causes illness
• Swimming pool injuries caused by lack of fencing or supervision
• Elevator and escalator accidents due to malfunctioning machinery.
• Uneven steps, railings, and other structural defects on a property

Complex Premises Liability Cases

Sometimes, the issue of liability gets more complicated, requiring a deeper review of the circumstances and potential plaintiffs. This can occur in cases involving less obvious conditions or when multiple parties may be involved in an accident. Some examples of a complex premises liability case might include the following:

• Medical malpractice in a hospital or healthcare facility
• Injuries caused by defective products or equipment on the property
• Injuries from inadequate security that leads to an attack
• Injuries caused by incorrect instructions or warnings on a product
• Injuries sustained while using recreational equipment
• An injury caused by hazardous materials stored on the property.
• Accidents due to inadequate warnings about dangerous conditions
• Injuries from workplace accidents in a commercial setting

What must be proven in a premises liability case?

Before you can recover damages related to your injury, you must prove that the landowner was negligent in taking reasonable steps to make their land safe for visitors. This requires demonstrating that the injury was foreseeable and that the owner’s negligence is the one that caused or contributed to it.

You will also need to show that you had a legal right to be present on the property at the time of your injury, such as being a guest or a tenant. Additionally, you must be able to prove that the injury was caused by an unsafe or defective condition on the property.

In some cases, comparative negligence may also come into play. This means that if you were in any way responsible for your accident, any damages awarded will be reduced by your percentage of fault.

Cases When Landowners are Not Liable

At times, landowners may not be held responsible for injuries that take place on their property. In these cases, the injured person may not be able to recover damages from the landowner. These include cases when:

• The injured person was trespassing or had no legal right to be on the property
• The injured person assumed the risk of their own injury, such as by not using safety equipment while engaging in a risky activity
• The landowner gave adequate warnings about the potential risks and dangers
• The injury was caused by an act of God, such as a flash flood or an earthquake
• The injury was caused by a third party unconnected to the landowner

Who needs a premises liability policy?

Property owners should consider purchasing premises liability insurance to protect them from unexpected damages related to their property. This can include a business owner, homeowner, apartment landlord, and even a local government entity. No matter who you are, if you own or operate a property that is open to the public or visitors, it is important to be aware of the risks and have the right coverage in place.

Premises Liability Insurance Coverage

Having the right insurance in place can help protect you from financial losses related to an unexpected accident or injury. Premises liability insurance coverage covers a variety of incidents, including:

• Bodily injury to visitors, customers, or tenants due to an unsafe condition on the property
• Property damage caused by visitors, customers, or tenants
• Medical expenses for those injured on the property
• Legal fees associated with defending against premises liability claims.

What is the difference between premises liability and general liability insurance?

Premises liability insurance specifically covers injuries or other damages that occur on the property. On the other hand, general liability insurance is broader and covers third-party claims related to bodily injury, personal injury, advertising damage, product liability, reputational harm, and more outside of the actual premises. Both types of coverage are important for protecting your assets from unforeseen legal costs and damages.

How to file a premises liability claim?

Premises liability claims are often handled through the insurance company of the property owner. If you are injured on someone else’s property, you should report your injury to the owner as soon as possible.

You will then need to file an insurance claim with your insurer detailing the incident, any medical costs or other damages associated with it, and any supporting documents. Your claim will then be investigated to determine if the owner is liable for your injuries. If they are found to be negligent, you may receive compensation.

How to avoid premises liability?

The best way to avoid premises liability is to keep your property safe and free from any conditions that could cause harm to visitors, customers, or tenants. Here are some tips for reducing the risk of injury:

• Regularly inspect the property and make necessary repairs.
• Clearly mark potential hazards, such as wet floors or uneven surfaces.
• Install safety features, such as handrails and lighting.
• Offer any necessary warnings or instructions to visitors.
• Provide adequate training to employees on proper safety procedures, and more.

By taking the right precautions, you can minimize your liability risk and help protect yourself from unexpected losses related to premises liability claims. It is also important to check your premises liability coverage regularly to make sure it is adequate and up-to-date.

Obtaining Multiple Monetary Remunerations

Securing multiple remunerations from premises liability claims can be a lengthy and complicated process. But do not get discouraged. Be patient and persistent and never settle for less than what you deserve. Keep in mind that you may be eligible to receive money for personal injury that occurred, medical bills that must be paid, pain and suffering, lost wages, and even mental anguish. You may even receive punitive damages if a wrongful death occurs.

Get Legal Support from the Law Offices of Jared Spingarn in Hollywood, Florida

When dealing with a premises liability claim, consulting an experienced personal injury attorney from the team of Jared Springarn is the best course of action. They offer free consultations to review the details of your case and figure out the most effective approach moving forward. They can handle the stress of paperwork, negotiate with insurance companies, and represent you in court if necessary. By working together with them you have a greater chance of getting the appropriate monetary compensation for any damages you incurred due to this incident.

Conclusion

Knowing what does premises liability cover, and how to avoid it is essential for all homeowners, landlords, government entities, and companies. Additionally, having the right insurance plan in place can give you the safety net you need while also covering any costs associated with unexpected accidents or injuries.

While insurance coverage is an important starting point, it can’t replace the expertise that comes with consulting a personal injury lawyer. Having legal representation gives you access to their experience in this field, providing invaluable guidance through every step of the process. Seeking out such professional advice will ensure you have all the information needed to pursue your premises liability claim and guarantee compensation for your injuries and losses.

>> If you’re involved in a premises liability case in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.