February 12, 2012
/24-7PressRelease/ -- Premises Liability for Slips, Trips, Falls and More
The type of injury that people who own or possess property are typically most concerned with preventing is the dreaded "slip and fall." "Trip and falls" are also included in this category. Slip or trip and falls happen exactly how they sound: Someone is injured on the premises of residential or commercial property after slipping or tripping on something, such as spilled food or liquids that have not been wiped up or snow and ice that has not been shoveled off walkways or parking lots.
There are many other ways besides the typical slip and fall injury that people can get hurt on another person's premises. Even if the property owner or occupier does not directly hurt the person, they can still be liable for such accidents as falling objects or attacks by a third-party. It is very difficult, however, for a plaintiff to hold a defendant liable for an attack by a third-party that happened to occur on the defendant's property.
Negligence
To hold a property owner, occupier or possessor liable for injury on their premises, a plaintiff usually has to prove that they acted negligently. Negligence is a breach of the duty of reasonable care owed to prevent injury to others -- for example, when a restaurant manager or owner knows or should know about a spilled beverage on the floor but fails to take action to have it cleaned up before a customer comes by and slips on it.
Plaintiff's Legal Status
Often, premises liability cases involve a customer injured at a retail store, restaurant or bar, but social guests, and in special circumstances, trespassers, can also bring lawsuits. According to FindLaw.com, depending on which state's law applies, the plaintiff's legal status -- invitee (customer), licensee (social guest) or trespasser -- sometimes makes a difference as to what kind of duty the property owner or possessor owes to that person.
Premises liability cases are very fact-specific, focusing on details about the injured person, the property owner or possessor, the dangerous condition and more. Those who have been injured on the premises of another person or a business should contact an experienced personal injury attorney to determine whether anyone could be held liable and to pursue any available premises liability claims.
Article provided by McCarthy Weisberg Cummings, P.C.
Visit us at http://www.mwcfirm.com
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