Premises Liability

Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Other types of incidences can also incur injuries; they can come from falling objects, a broken sidewalk, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case.

Other factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists? Further you may have to establish whether or not the owner knew a hazard existed and then failed to remedy the situation. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

When considering filing a premises liability claim action should be taken in a timely manner. The first reason why this is important is that you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you've sustained, then speaking to a premises liability lawyer should be a priority. Premises liabilities cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.

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Premises Liability News

Around the country there is a steady increase of assaults and criminal attacks in shopping center and mall parking lots. It has for example, been estimated that 750,000 such confrontations occur annually. There are a steady flow of reports of shootings, sexual assaults, robberies and stabbings at many of the nations malls. In response to this epidemic a rash of premises liability suits have been filed in recent years on behalf of mall crime victims. Premises liability news has focused on this issue with accounts on the failure of many business of providing adequate security at their facilities. This negligence has resulted in kidnappings, assaults and injuries to many people and has left many emotionally traumatized by their experience.

One such case involving sexual assaults on mall premisess in premises liability news is the case of James Perry. James Perry is known as the mall rapist and over a span of 5 years it is estimated that he committed dozens of rapes, carefully planned, at shopping malls. He preferred women and children who were alone in the parking lot and most of his victims fit a profile of apparent fragility. In addition many of his victims were store clerks working alone, and leaving their businesses unaccompanied. All of his victims were petite. His crime spree went unabated in Madison Wisconsin despite the publicity surrounding the case. While area shopping centers apparently beefed up security somewhat. It is interesting to note, that he had sufficient time to stalk his victims and then attack them without his presence being detected. Further the malls failed to provide needed security for their own female employees. James Perry received a sentence of 180 years for a handful of his crimes in July of 2004. Further Perry apparently used a small camera while in stores in the mall to photograph himself masturbating around small children. This appears to have gone unnoticed before police seized tapes in his possession.

It is likely that premises security liability will remain in the premises liability news for an indefinite time. Premises liability news helps keep the public aware of the dangers they may encounter while visiting privately owned properties. In addition, premises liability news can help the victims of premises security liability, by showing them how they can fight back against negligent property owners.

Experts in safety make some recommendations for safety at the mall that may reduce your risk of falling prey to a violent crime in a shopping center mall. For instance it is recommended that you park under lighting whenever possible. In addition avoid shopping by yourself. These experts also recommend having your keys in you hand and ready as you approach your vehicle. In addition, always inspect the back seat and floor before getting into the car. If you find yourself injured in a parking lot because inadequate security failed to protect you, consult with a qualified premises liability lawyer, and help hold property owners accountable.

Premises Liability Statistics

Premises liability statistics indicate that the majority of premises liability is won when taken to court. In addition recent studies suggest that plaintiffs did equally well before a judge as they do before a jury on receiving punitive damage. However a report in 2001 indicated that 65% of civil cases were won when taken before a judge and 53% resulted in a positive verdict when taken before a jury. According to a report issued by the U.S. Department of Justice (DOJ), the majority of premises liability cases are taken to a jury rather than a judge.

The DOJ suggests that awards in compensation and punitive damages for civil cases of totaled about 4 billion dollars a year. Also noted in that same report was that 6% of premises cases resulted in punitive damage awards as well. Punitive damages are designed to offer punishment to the defendant, rather than an award for actual damages incurred by the plaintiff. Premises liability statistics become less clear on whether awards are increasing or decreasing over previous years. While some premises liability statistics suggesting that awards are increasing, other premises liability statistics suggest the opposite is true. Premises liability statistics don't generally account for cases that are settled outside of count so premises liability statistics might be deceptive because of this.

Premises liability cases can be filed for a variety of reasons. For example, many cases are filed for slip and falls, and assaults on private property. Nationally premises liability security cases seem to be related to crime statistics in a given city. Parking lot assaults are considered generally to be the most insecure area of businesses and malls. People are assaulted twice as often in parking lots than anywhere else on the property according to a report issued by Access Control and Security Systems (1999). Premises liability statistics are helpful as a tool to assess trends in litigation, and may also help as a training tool for Tort (injury) Lawyers to keep appraised of the issues that their clients are facing.

Premises liability statistics show that premises liability law is a highly specialized field. If you have been injured on private property be it a homeowner or a business, finding a qualified premises liability lawyer can make all the difference in securing a positive verdict for your case. The training and study involved in premises liability law will help assure that as a client you receive the best representation available.

Premises Liability Statutes of Limitations

Premises liability is a term used to define a property owner's responsibility to provide a safe and secure environment for people visiting his or her property. Premises liability provides for all manner of accidents on a property such as a slip and fall, or an assault. The law provides remedies for injuries incurred while on a property, but also provides some protection for the landlord by imposing strict statutes of limitations on filing a claim. Premises liability statutes of limitations are deadlines that must be adhered to, failure to file and serve the case within these premises liability statutes of limitations means forfeiting the right to do so. This can be problematic for some injuries because some injuries don't reveal their true nature often for some time afterwards. An example of this is trauma to the back and neck. Often what appears to be a minor injury turn out to be a persistent injury that can plague a victim years after an initial injury. In some instances a case may be filed in special circumstances for certain injuries. However, theses kinds of delay may make it harder to try a case for other reasons such as loss of evidence or witnesses. Consequently it's important to seek appropriate medical care immediately after an injury. In addition consulting a premises liability lawyer can be a wise decision.

Premises liability statues of limitations can vary across jurisdictions and across states. Which is another good argument for seeking a legal consultation. In addition to the necessary to file the case, your lawyer will need time to build your case. The only exceptions for filing the case beyond the ridged premises liability statutes of limitations is if the injuries are so profound that you are well beyond the ability (due to injury) to file and serve the case. In addition other persons may have their cases put on hold for a period of time wherein they are disabled to access the courts. For example, incarcerated, or legally insane persons may receive a delay period to file until they are able to proceed.

Premises liability statutes of limitations should be taken seriously when considering filing a case for damages on a premises liability case. A delay may result in a case being thrown out and you may end up assuming the costs associated with medical care and potential loss of income. Premises liability suits are geared to provide you with a way to recover on losses in physical well being for those whose negligence led to your injury, but is important that you take a proactive stance and seek professional help. Premises liability statutes of limitations are a crucial element in the legal process, familiarizing yourself with these deadlines will save you much anxiety and stress so you can get down to the business of getting better after your injuries.