New Hampshire & Maine Premises Liability Attorney
Were you injured on someone else's property?
Premises liability is a specific area of law that concerns the obligations
of land, property and business owners to provide safe and healthy conditions
for guests and visitors. Generally, persons lawfully on the premises who
experience injuries or illnesses on another person's property may
be able to receive compensation through a
personal injury claim. However, it must be proven that a premises owner's negligence,
carelessness or failure to meet regulations and requirements directly
resulted in an injury causing incident.
In order to clarify premises liability law and the rights of injured victims,
it should be made clear that in order for this field of law to be applicable
during claims, the following elements must be present:
The defendant in a premises liability claim is the owner or possessor of
the land or premises on which an injury occurred. Depending on the circumstances
involved, this may be a private residence or business.
Invitees or Licensees
Guests and visitors or public patrons can be legally defined as invitees.
Licensees are individuals who are granted permission to enter a property
for a specific reason. For example, this may include licensees who are
permitted to enter a property by that may or may not be open to the general
public, such as public service workers or technical laborers. In order
to premises liability to apply, an injured victim must be an invitee or
a licensee or otherwise legally on the premises, as trespassers are not
usually protected under this area of law. There are some exceptions, however,
especially in cases that involve young children.
Negligence or Wrongful Acts
All personal injury claims must establish negligence or a wrongful act
committed by a premises owner or by a subordinate employee. In some cases,
premises owners may be held responsible for injuries that are caused on
the property by a third party, but these present very complex legal issues.
An example may be situations involving assault and insufficient security.
When negligence or wrongful acts can be conclusively proven, premises
owners will be held liable for compensated injured victims. Also, where
the owner has hired another to perform inherently dangerous work on the
premises (for example blasting), the owner is liable for any injury caused
by that work.
A few examples of the negligence and conditions for which premises owners
can be held liable for injuries or illnesses include:
- Insufficient lighting
Wet or slippery floors and
slip and fall accidents
- Hazardous or toxic conditions
- Health and safety code violations
- Insufficient warnings or signs
- Poorly maintained walkways and equipment
- Inherently dangerous work
Discuss Your Case with a Personal Injury Lawyer
If you or a loved one has been injured on another's property, it is
imperative that you consult legal aid as soon as possible. Swift action
can allow our firm to conduct prompt investigations, preserve evidence,
determine the extent of negligence involved, and fully evaluate the merits
and potential of your personal injury claim.
Work with experienced lawyers who work vigorously on your behalf.
Contact Shaheen & Gordon, P.A. today.