Skilled Decatur Premises Liability Attorney

If you or your family member has suffered a personal injury while on a person’s property, you may be considering filing a premises liability lawsuit. Understanding the different elements of a premises liability claim and knowing when to seek legal help is essential.

Our qualified Decatur premises liability lawyer can help you understand the law and your rights and provide experienced legal representation throughout the process. Read on to learn more.

What Is Premises Liability?

Premises liability is a legal term referring to an area of law that holds property owners responsible for injuries and harm that occur on their property. This includes negligence in the property’s maintenance, ownership, or operation.

Property owners are responsible for keeping their property safe and secure so that visitors, customers, and guests do not suffer harm while on the premises. This responsibility includes maintaining the property safely, warning visitors of potential risks or dangers, and exercising reasonable care to prevent injury.

If someone is injured on a property due to the owner’s negligence, they may be able to bring a premises liability claim. To succeed with such a claim, you must generally show that the property owner had a duty of care towards you and that they breached such duty of care, which led to you being harmed.

For instance, if a store owner fails to clean up a spill in their aisle and you slip and fall, you may be able to bring a premises liability claim against them for your injuries.

It’s important to remember that not all premises liability accidents on someone’s property will lead to liability for the property owner. If an accident was caused by something unexpected and beyond the property owner’s control, they might not be liable. Contact a premises liability lawyer to understand what defenses are available to property owners in such cases.

The plaintiff is required to show that the property owner had a duty to protect them, breached that duty, and caused injury or harm due to that breach to prove negligence in a premises liability case.

The Duty

The first step is determining if the defendant had a duty of care toward the plaintiff. This means that the defendant must have had a reasonable idea that their actions or failure to act would create an unsafe condition on their property.

Property owners are generally responsible for keeping their property safe, which includes regular maintenance, repairs, and ensuring visitors are not exposed to any hazards that may cause injury. 

If the defendant did not have a duty of care, they cannot be held liable for an injury. 

The Breach

The second step is to determine if the defendant breached their duty of care by failing to take reasonable steps to protect against potential hazards on their property. If it can be shown that the defendant breached their duty of care, then the plaintiff may have a valid premises liability claim. 

The Injury

Finally, it must be established that the defendant’s breach of their duty of care directly caused the plaintiff’s injuries. The plaintiff must prove that the breach directly caused their injury.

If these elements are present, the plaintiff can demonstrate that they are entitled to damages due to the injury they sustained while on someone else’s property. 

Preventing premises liability lawsuits in Decatur and elsewhere begins with maintaining a safe environment for all visitors. Ensuring that your property is free from potential hazards not only protects you from legal disputes but also safeguards the well-being of those who visit your property.

Here are some tips to avoid potential hazards:

Regular Inspection and Maintenance

Ensure regular inspections of the property for any potential hazards such as wet floors, loose carpeting, or damaged walkways. Timely maintenance and repairs can significantly reduce the chances of a premises liability accident.

Adequate Lighting

Keeping all areas of the property well-lit, especially staircases, walkways, and hallways, can prevent accidents related to poor visibility. Replace any burnt-out bulbs promptly and ensure emergency lighting is in place in case of a power outage.

Clear Signage

Post clear and visible signs to alert visitors of any potential hazards, such as wet floors, uneven ground, or ongoing construction. These signs can alert visitors to be cautious and avoid any potential harm.

Secure Premises

Ensure all areas of the property are secure. This includes not only locking doors and windows but also having proper security measures in place to deter criminal activity. Install surveillance cameras and hire security personnel if needed.

Adhere to Local Building Codes

Abide by the local building codes and regulations in Decatur and your specific area. These codes are designed to ensure the safety of buildings and properties. Non-compliance can not only lead to legal issues but can also compromise the safety of the visitors.