What Is a Premises Liability And How Does It Affect Your Claim?

by | Nov 2, 2015 | Law Services

Consumers become the victims of a premises liability when they become injured in public places. Unfortunately, the individual who is accountable isn’t always the same person that owns the property. This could lead to tricky territory for victims who hope to file a formal claim.

What Is a Premises Liability?
A premises liability is a condition that is hazardous to visitors. These liabilities are present throughout construction sites and buildings such as shopping centers. The owner or manager maintaining the building is required by law to place warning signs near these conditions to prevent injuries. For construction sites, the lettering on these signs should measure at least ten inches in length.

Who Is Required to Manage These Conditions?
The owner is the initial defendant in a premises liability lawsuit. However, places, such as a construction sites, have a foreman who manages these conditions. When identifying the accountable party, it could become a guessing game initially. However, the owner of the building or company is the first step to identifying the exact individual who should have maintained the area.

What Happens If the Owner Wasn’t Present?
Locations such as shopping centers are less likely to have the owner present. This is why they hire managers to maintain their stores and the remainder of the building. The same is true of hosts that use buildings for public events. The owner is liable only if he or she owed a duty to the public. If an additional party was responsible for upkeep of the building, the owner’s presence isn’t required.
Evaluating the Failure

In construction areas, the most common failure is a lack of notification. Sometimes the signs aren’t present or a supervisor isn’t monitoring entry of the area, which lead to premises liability.

Consumers are victims of premises liability when they sustain injuries in areas that were maintained by others. In publicly accessible areas, the possible defendants could range from a foreman to an elected official. Victims who need assistance should visit Northfloridaautoaccidentlawyer.com for further information about these cases.

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