What is a Premises Liability Lawsuit

Premises liability lawsuits holds a property owner responsible for damages arising out of an injury on that person or entity's property. Owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it. Failure to keep the property safe for visitors results in "premises liability."

Miller Weisbrod, Attorneys At Law, have obtained substantial multi-million dollar recoveries on behalf of families nationwide.

$2.13 million against an apartment complex for not providing a safe structure as well as against the Construction company that performed Inadequate Maintenance; injuring our client in a Baclony collapse

Common premises liability lawsuits:

• Dangerous Property
• Inadequate Maintenance
• Negligent or Inadequate Security
• Amusement Park Accidents
• Retail Store Liability
• Public Swimming Pool Liability

Different states follow different rules about who may recover for premises liability. Some states focus on the status of the person visiting the property to determine whether liability is appropriate. The status of a visitor in those states is usually invitee, licensee, or trespasser.

• An invitee is somebody invited onto a property for a commercial purpose, such as a customer at a mall
• A social guest or licensee is also present on the property at the invitation or by permission of the property owner or occupant. For invitees and licensees, the invitation is an implied promise that it is safe to be on the property
• Trespassers who are on the property without any right to be there and who are hurt are unable to recover at all. The owner or occupant must simply refrain from intentionally trying to hurt the trespasser, such as by setting traps. In some cases, when an owner knows it is likely there will be a trespasser, it is required to give reasonable warnings of non-obvious dangers to trespassers

Limitations on Recovering for Premises Liability
Most states follow the principles of comparative negligence in premises liability cases. This means an injured person who is partially or fully responsible for what happened cannot recover for damages arising out of a dangerous property condition.

Comparative Negligence
States that follow comparative negligence can use one of three rules.

• pure comparative negligence
  This allows a plaintiff to recover damages from the defendant minus his or her percentage of responsibility
• modified comparative negligence
  In some states a plaintiff will not recover if the jury determines he or she is equally responsible (50%) or more for an accident.
• slight/gross negligence
  The plaintiff’s and defendant's respective degrees of fault are only compared when the plaintiff's negligence is considered "slight," and the defendant's negligence is considered "gross." The plaintiff is barred from recovery if his or her fault is more than "slight"

At Miller Weisbrod, Attorneys At Law, our team of Premises Liability Attorneys offer you legal guidance and experienced representation in seeking full financial compensation if unsafe conditions caused serious injury or the loss of a loved one.
Contact us today for a free consultation at (214) 987-0005.