Friday, May 27, 2011

Premises Liability Overview

"Premises Liability" happens when some aspect of a property has caused physical injury to a person due to its poor upkeep, use or design.Claims can include those made by tenants against their landlord or property owner, whose injuries occurred while they were legally on that individual's property. Sometimes, these types of injuries are called "slip and fall" injuries. Other kinds of premises liability cases can develop from:
  • Construction accidents
  • Dangerous roadways
  • Defective lighting
  • Failure to correct hazardous or dangerous conditions
  • Injuries caused by the conduct of third persons on the premises
  • Landlord liability
  • Lead poisoning
  • Poor circulation or ventilation causing "sick building" syndrome
  • Sticky or slippery floors
  • Toxic chemical exposure
  • Toxic mold exposure
When determining liability in a premises liability action, the crucial elements are ownership, possession, and control of the premises. Under certain circumstances, the person who owns, possesses, or controls the premises may be responsible for injuries arising from a condition of the premises.