In terms of personal injury, premise liability is assumed to be a legal concept which comes into play in cases where the injury was caused due to dangerous conditions on a particular property. As is the case with most other personal injury cases, your injury attorney in Niagara Falls will tell you that when it comes to proving a premise liability case, the injured person needs to prove that the owner of the property was negligent in connection with the maintenance of the same property and as a result, it was in a dangerous condition. This is why the accident happened and the plaintiff or the victim got injured seriously.
One thing that your injury attorney in Niagara Falls would also ask you to single out is whether you got injured due to your own mistake or not. Just because you got injured on someone else’s property does not mean that the owner of the property was not careful enough and was negligent in the maintenance of the property. Also, just because the property was in an unsafe condition also does not mean that the owner of the property was negligent. It might be a case wherein they were aware about the condition and had not got it repaired. However, if the owner provided appropriate warning to the people visiting the property, they would not be liable for a suit.
Most of the states require that the owners of the properties take reasonable care in maintaining the property for all the people who are visiting the property. However, your injury attorney in Niagara Falls would tell you that the states divide the visitors of any property into three categories, namely invitees, licensees and trespassers. If these three categories have to be defined, one would define them in the following manner:
- Invitees. These are the people who have the permission of the owner of the property to visit anytime. These are usually people like the friends, family, or neighbors of the people owning the property or those who are residing there. A property owner is supposed to be reasonably careful to make sure that these people remain safe while they are visiting their property.
- Licensees. This is the second category of people who have the permission of the property owner to visit the property but they are coming to the property for their own work. These people are generally people like gardener, helper or any other person who are coming to work to the property. Your injury attorney in Niagara Falls would tell you that the property owner of any property has responsibility to manage the property for these people.
- Trespassers. The third category of people who come to a property are the trespassers. These people do not have any permission of the property owner to enter the property and the owner of the property does not have the liability to maintain the property for them.