What Must Be Proven to Show Premises Liability?
While many look at premises liability cases as complex, there are specific factors that must be shown to hold the negligent property owner accountable. These matters can come down to three simple aspects of liability and you should know exactly what they are.
Before you proceed with a premises liability case, it’s imperative you recognize the things you must prove in order to have a successful outcome. Our Michigan premises liability lawyers are here to show you and protect your rights throughout the process.
Did the Owner Know of the Danger?
One of the things to consider in these types of cases is whether the owner of the property was aware that his or her grounds had a dangerous hazard. If the owner was in fact aware of the problem and did not warn guests of said issue, he or she can be held accountable for injuries sustained.
Did the Owner Fail to Fix the Issue?
While knowing of the hazard is one thing, failing to remedy the situation shows a blatant disregard for the safety of others on the premises. The owner of the property has an obligation to maintain its safety if and when it is open to certain individuals.
If they are aware of the hazard and either do not fix it or block it off from the public, the owner can be held accountable for the damages the hazard causes.
What Is the Category of the Victim?
If the victim is categorized in a manner where they have permission to be on the property, the owner must pay a duty of care to the individual. Whether this is a licensee (a guest of the property owner) or an invitee (on the property for commercial purposes), the victim has the right to be safe.
If the categorization labels the injured party as someone with permission to be on the property, yet there is a hazard that causes significant damage to the individual, the owner is liable for the injuries.
At Fieger Law, we fight for the rights of the injured. We work hard on our clients’ behalves because they deserve justice when negligence causes them harm. Let us fight on your behalf and go the extra mile to pursue the most favorable outcome possible.