Premises liability law exists to protect those who use the property of others. Owners of a property that opens itself to patrons, such as grocery stores or amusement parks, owe a duty of care to the people who use their property. If a person is injured on the property, the owner may be held responsible. An investigation will occur to determine whether the owner or another potentially responsible third-party was negligent and if that negligence directly caused the victim’s injuries.
The 4 Points That Must Be Proven in Any Premises Liability Case
There are 4 key points that must be established in any premises liability case:
- That a Duty of Care Was Owed to the Patron
In some cases, the owner of an establishment does not owe a duty of care to others on the property. A prime example of this type of case is where someone is injured on another person’s property while they were trespassing. In order for a case to be successful, the patron must show that the owner, manager, or other potentially responsible third-party owed him or her a duty of care.
- That the Duty of Care Was Breached
The victim must also be able to show that the owner breached the duty of care through an action or inaction. For example, if the owner failed to clean up a hazard that they knew about or should have known about. Allowing hazardous conditions that could put patrons in harm’s way to exist is a clear breach of duty of care.
- That the Victim Was Injured as a Direct Result of the Breach
It must be established that the victim’s injuries were a direct result of the breach of duty of care. For example, if a patron slips and falls on an unknown liquid substance on a grocery store floor, they must show a causal connection between the fall and the injuries.
- That the Victim Sustained Damages
Finally, the victim must also establish that they sustained damages as a result of the injury. For example, the victim should be able to provide copies of medical expenses related to the injury and proof of lost wages. Emotional distress and pain and suffering should also be considered when assessing damages.
Should You Call an Attorney?
If you or someone you love is hurt on someone else’s property, it’s always wise to consult with a personal injury attorney to determine if you have a claim. At The Murphy Law Group, we can examine the evidence at hand and determine if a property owner should be held legally liable for your injuries. Contact us today to schedule a consultation at (978) 686-3200 or (617) 570-9000.