FAQ: Premises Liability
- Premises liability -- what is it?
- How can a property owner be responsible for injuries occurring to individuals while they are on his/her premises?
- What will your firm do to determine whether to file a premises liability lawsuit?
- What do you mean by causation?
- What damages am I able to recover in a premises liability case?
- What are non-economic damages?
- What are economic damages?
- Are punitive damages available in a premises liability case?
- Is an expert witness necessary to prove a premises liability case?
- Can a property owner be held liable for criminal acts which occur on his/her property?
- How do I know that you do a good job on my case?
Premises liability -- what is it?
Premises liability law puts responsibility on a property owner for some injuries suffered by other people on his property. It can include situations where individuals are in the owner's home, on the owner's property, or while a person is at another's place of business.
How can a property owner be responsible for injuries occurring to individuals while they are on his/her premises?
- As a general rule, a property owner is responsible for injuries on his/her property if he/she has been negligent. The property owner is negligent if he/she has breached a duty of care owed by him/her to the injured person. For example, an owner of a pizza restaurant has a duty to keep the floor dry and free of slippery debris (or at least post a warning to people regarding a certain floor condition) so that customers are prevented from slipping or injuring themselves. Similarly, an automobile service station has an obligation and duty to ensure that customers can safely enter and exit the service station.
- An owner of property may have a different duty of care to different classes of people on his property. For example, a business owner is more responsible to a customer invited by the owner onto the property, than a homeowner is to a trespasser. A property owner's duty of care therefore depends on the status of the person entering onto the property. The owner generally owes the highest duty of care to a business invitee (a customer) and the lowest duty of care to a trespasser.
What will your firm do to determine whether to file a premises liability lawsuit?
As with other kinds of lawsuits, we will start with an initial interview to determine the facts as you know them and at that time make a preliminary judgment about whether the case is one which falls within our expertise and interest. We need to establish whether or not we would be able, on your behalf, to prove the following:
- That the property owner was negligent (i.e., that the owner breached a legal duty owed to the injured person);
- That the property owner's acts of negligence caused your injuries and damages (if there is causation) and
- That there are substantial damages which justify pursuing your case.
What do you mean by causation?
Causation is the connection between the negligent act or acts of the property owner and the injuries and damages incurred. For example, the property owner may claim that your injuries and damages were not in any way caused by the property owner's negligence.
What damages am I able to obtain in a premises liability case?
As a general rule, the injured person is entitled to be reasonably compensated for all the injuries and losses incurred as a result of the incident in question. As with other types of claims, damages are often divided into two categories: non-economic and economic damages.
What are non-economic damages?
Non-economic damages are those losses which are not quantifiable in a specific dollar amount. Common examples are pain and suffering, mental anguish, inconvenience, physical impairments or disability, disfigurement and loss of enjoyment of life.
Economic damages include almost everything that can be replaced by payment. The category is very broad and varies on a case by case basis. Economic damages include but are not limited to the reasonable expenses of medical care, hospitalization, treatment, loss of income, loss of earning capacity, the reasonable value of services provided by family members, the cost of hiring others to perform normal household duties and the loss of the injured person's services to his/her spouse.
Are punitive damages available in a premises liability case?
Punitive damages are permitted because they punish the defendant and help prevent others from engaging in similar conduct. Usually, it is necessary to prove misconduct beyond just ordinary negligence in order to obtain punitive damages. It would be necessary to prove that the defendant acted in a wanton or intentional way, showing a complete and reckless disregard of a known danger to a person's health and safety. The level of behavior required to obtain punitive damages is very often difficult to prove because there can be such a severe penalty.
Is an expert witness necessary to prove a premises liability case?
Sometimes it is necessary to hire an expert with special knowledge so that he/she can educate the jury about matters not commonly understood by the general public. For example, an expert may be required to explain to a jury why a parking lot is designed in a manner which can cause injury, or an expert may be needed to explain how a building fails to comply with relevant building codes and local ordinances. In addition to these experts, medical experts and economists can also assist in explaining matters to the jury that they would not ordinarily fully understand.
Can a property owner be held liable for criminal acts which occur on his/her property?
Generally, if the property owner knew or had a reason to know that an attack by a criminal was likely, the property owner can, in certain circumstances, be liable for criminal acts committed against a person on his/her property. For example, a significant period of criminal activity on or around a property that would put a reasonable property owner on notice that certain measures were necessary to protect people on the property could be used to prove an owner's liability for later criminal acts. If a property owner knows that someone has placed an illegal animal trap on his property and the owner fails to do anything about the trap, he/she might be liable for injuries inflicted on someone else as a result of the trap.
How do I know that you will do a good job on my case?
We have an ongoing commitment to obtain the very best result possible in every case we decide to pursue. It is not possible to guarantee a particular result in a case, as every case is different. The firm has several experienced trial attorneys and has significant strength and depth of experience within our supporting paralegal and legal assistant staff, the combination of which allows our firm to give an unparalleled service to our clients.
