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What are the elements to prove premises liability?

On Behalf of | Feb 25, 2022 | Premises Liability |

Premises liability is the responsibility of the property owner. It reflects how an owner should keep his or her property in good condition without hazards that could lead to injuries. The duty to do this is varied, though. In some situations, an owner may not be liable.

The New York City Bar explains that if you suffer an injury on someone else’s property, you will need to prove certain elements of property liability to win your case.

Right to be on the property

The first thing you must show to the court is that you had the right to be on the property. Property owners are generally not liable to people trespassing on their properties. Although, there are exceptions. If the owner knows you were on the property, even if you did not have permission, then you can prove this first element.

The other exception is for children. A child who is on a property and suffers an injury may hold the owner liable if an attractive nuisance is present. An attractive nuisance is something on the property that would entice a child to explore it or get closer to it, such as a swimming pool.

Negligence

You must also show the property owner was negligent in some way when it came to the dangerous situation that led to your injury. You need to be able to show the owner knew about the hazard and failed to fix it or block it off.

You also have to prove that the negligence of the owner led to your injury. If the owner would have handled the hazard and that would have prevented your injury, then you have proven this element.

It is essential that you make sure you can prove your premises liability case before going to court.