Premises Liability
Whether you’re riding a high speed roller coaster, or grocery shopping, the owner or operator of that premises has an obligation to keep that premise reasonably safe—or sufficiently warn customers about the dangerous condition.
The rationale of premises liabilities is to hold owners legally responsible for accidents that occur on that particular property. While “slip and fall” accidents are the more well-known premises liability claims, cases can range from injuries on a public sidewalk to an electrocution death due to an unsafe condition.
A premises liability case is based on injuries that can happen in commercial or residential buildings, parking areas or structures, amusement and water parks, airports, casinos and hotels, bars and nightclubs, schools, and healthcare facilities. Even more common than slip and fall incidents—but often less litigated—is inadequate security that can lead to robbery, sexual assault or murder. Insufficient security comprises a variety of situations; from faulty alarm systems to poor hiring or supervision of staff.
Different factors determine the degree of liability of the owner or occupier of the property. The property’s location, condition, and activities involved all play a major role in the case, along with the injured party’s condition.
In order for you as the victim to hold the property owner liable, you must prove that he or she either created a perilous condition that caused the accident, knew about the condition and ignored it, or should have known about the condition because an average person would have identified the hazard and done something about it.
With injuries suffered by trespassers, such as burglars or other uninvited guests, the property owner is not held responsible—unless that trespasser is a child. Because children don’t recognize danger as well as adults do, property owners are responsible for ensuring the safety of surrounding children, including children who are not welcome on that property.
Premises liability also covers most swimming pool accidents. The property owner of that pool is obligated to keep the facility safe and maintain certain health codes, regardless of where it is located (private home, school, resort, etc.). Drowning is the second leading cause of death to Canadian children. Half of all drowning deaths and near-drowning incidents take place in swimming pools. If you or a loved one has been involved in a swimming pool accident, contact a qualified premise liability attorney today. In doing so, you can also help prevent future accidents and even deaths if the facility is not being properly maintained.
Our premise liability attorneys at Findlay Law are experienced with liability injuries and can help ensure that your legal rights to compensation are fully assessed and protected.
THE PERSONAL INJURY LAWYERS