If you have injured yourself on the property of another person or on a business’s property, you may be able to bring a premises liability claim seeking compensation for your injuries and other losses. To successfully bring a premises liability claim, you must be prepared to establish that the defendant, the person you are bringing a claim against, owed you a duty to exercise due care. You must also show that the defendant breached this duty. Finally, you must prove that the breach of the legal duty was the proximate cause of your injuries. A landowner is not going to be responsible for every injury that occurs on their property.
The Notice Requirement in Premises Liability Cases
Many people are not aware that a property owner must know or have reason to know of a dangerous condition on the property before being held responsible for injuries caused by the dangerous condition. This is what is referred to as the “notice requirement” in a premises liability claim because it refers to the fact that the property owner must have been put on notice that the dangerous condition existed.
Landowners have an affirmative duty to exercise ordinary and reasonable care to protect the safety of people expected to be on the property. This includes protecting against risks associated with dangerous conditions and means that the owner must do things like make regular inspections of the property or take other affirmative steps to be aware of property conditions. However, you must still be able to prove that the owner knew or should have known that a dangerous condition existed.
As the party bringing the claim, you have the burden of proving that the owner had either actual or constructive notice of the dangerous condition and failed to remedy the situation before you got hurt. Knowledge of the dangerous condition may have been actual or implied. Actual knowledge refers to when a property owner knew about the condition because he or she actually saw the condition or someone told him or her of the condition prior to the accident. Implied knowledge, also referred to as “constructive knowledge,” relies on the fact that the owner should have known of the dangerous condition because either it was something like an obvious hazard or the dangerous condition had been around for a period of time where the owner had ample opportunity, considering a property owner’s affirmative duty to inspect the property for hazards, to see the dangerous condition and also to remedy the situation.
Premises Liability Attorneys
Proving all necessary elements of a premises liability case as well as fulfilling the notice requirement can be an uphill battle. At Cooper Schall & Levy, our attorneys are well versed in the area of premises liability claims and know what it takes to be successful. We are here to fight for you and your right to compensation for your injuries. Contact us today.