A property owner or operator’s potential legal responsibility for injuries incurred due to unsafe conditions on the property is referred to as the premise liability. The case of premise liability can exist in any type of constructed property or an open space.
The accidents can be due to slip, falls, construction site activities, swimming pools, fall of equipment, fire breaking out in the premises, any animal or criminal attack or simply inadequacy of security on the property.
A viable personal injury case based on premises liability can be made when the injured party can prove the accident and injuries occurred at the mentioned site. Elements of the premise liability case are different in each state thus a proper check needs to be done to know the laws of the jurisdiction where the accident took place.
The plaintiff i.e. the injured person needs to prove that the person who has caused the injury to the defendant owns, occupies or leases the said property. They also need to prove that the defendant was negligent in the use of the property thus harming the plaintiff. The case needs to show the defendant was negligent causing harm to the plaintiff.
The defendant’s negligence was the main factor leading to the injuries and is the basic factor the plaintiff has to prove. It must be reasonably explained that the defendant’s action on the property caused the injury. It may not be the only cause of the injury, but it must have materially contributed to the injury of the plaintiff.