Drivon Turner & Waters,PLC
209-800-8971

Some key factors in a premises liability lawsuit

If you were to walk into a store and then suddenly slip on a wet surface and suffer major injuries, what would you do? Or what about if you enter an apartment building to see your friend, and as you walk down the hallway, you trip on a bit of loose carpet that has been there for years? These issues of personal safety on another person's premises are crucial to many personal injury lawsuits.

Anyone has the reasonable expectation to enter a premises and feel safe. If this expectation is not upheld and someone is injured as a result, that victim can seek justice in the form of a premises liability lawsuit.

So how do you hold responsible when you file a premises liability lawsuit? It all depends on the laws in the state and the circumstances of the incident. Sometimes the injured party is classified as one of four statuses: invitee, licensee, social guest or trespasser. Depending on the victim's status under the law, it will greatly impact if he or she is able to seek or obtain justice in civil court.

The actual conditions that triggered the incident, as well as the actions of the injured party, matter greatly as well. For example, was the condition a known problem by the landlord or building manager? Did they allow it to persist. And what about the injured party -- did they act within reason around the condition, or were they "trying" to have the condition negatively affect them? These factors are crucial in premises liability lawsuits.

Source: FindLaw, "Premises Liability: Who Is Responsible?," Accessed Feb. 20, 2015

No Comments

Leave a comment
Comment Information

215 North San Joaquin Street Stockton, CA 95202 Phone: 209-800-8971 Fax: 209-463-7668 STOCKTON LAW OFFICE MAP