Accidents occur every day, and some leave individuals with a serious injury. In an instance where the accident is due to improperly identified and unsafe conditions, the victim may have a premise liability case.
If you or a loved one are considering filing a claim, you should make sure you understand the process. There are a few important factors to consider about premise liability.
Classification
There are different classifications for individuals who enter a property. These tend to fall into four categories:
- Invitees
- Licensees
- Adult trespassers
- Children
It is possible for an individual to fit in more than one category. Whichever capacity the individual is on the property for at the time of the incident is the classification that the courts usually use during a claim. The classification of the individual plays a large part in determining the level of care that the courts hold the property owner to.
Liability
The classification of the individual and the level of care required by the law help to determine the liability of the property owner. For instance, if the owner makes the property available for recreational purposes, the amount of liability may be less than that of a factory owner. Other important factors are the measures that are in place to prevent accidents from occurring and the property owner’s level of negligence.
Counsel
Having the right counsel can be critical in proving a premise liability case. The defense attorney will likely try to build a case against the claimant to either discredit the extent of the injuries or to place the blame for the incident with the claimants themselves. A knowledgeable attorney will be able to properly defend against such tactics while presenting a compelling argument.
These are a few key factors to know and understand when considering a premise liability case. Take some time to review the law so you may fully understand your options and make the best choice for you.
