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Practice areas

Premise Liability

Property owners have a legal responsibility to keep their premises in reasonably safe condition for invited guests. If someone is injured by a hazard that is known to the owner–or should have been known through the exercise of due diligence–the victim can file a premises liability claim under personal injury law. Premises liability is considered a form of negligence. In other words, a negligent property owner is liable for causing an accident the same as a negligent driver.

How Do You Prove a Premises Liability Case?

There are four basic elements to every premises liability case. The legal burden of proof is on the plaintiff–i.e., the accident victim–to prove all four elements, which are:

The defendant owned, leased, occupied, or otherwise controlled the property where the accident took place.

The defendant was negligent in their use or management of the property.

The plaintiff was injured on the defendant's property.

The defendant's negligence was a substantial factor in causing the plaintiff's injury.

motorcycle accident

The most common example of a premises liability claim is a “slip and fall” accident. This typically occurs in retail establishments when a customer slips on a puddle of liquid–usually a spill–and falls to the ground. Slip-and-fall accidents may not sound like a big deal. But in reality, they often produce serious, life-threatening injuries, particularly to elderly persons and those individuals with underlying health conditions.

Once again, a qualified slip-and-fall accident lawyer can review the circumstances surrounding your specific accident and help assess the possible range of damages for your case.

Law Offices of WHB

the best for a reason!

The Law Offices of William H. Brennan III, P.A., provides outstanding service to our clients because of our dedication to professionalism, responsiveness and quality.