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Thread: What is considered a premise liability case?

  1. #1
    Junior Member
    Join Date
    Jan 2012
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    What is considered a premise liability case?

    they call it a Premise Injury, and I have had much heavy things happening in my life, and thought I have a 3 yr. time to file.

  2. #2
    Administrator
    Join Date
    Jan 2012
    Posts
    58
    What you are asking is whether or not you have what is legally called a premise libility case. To prove a premise liability case you must prove negligence. This means that you may, under certain conditions, hold a property owner liable for injuries on their property if they did not exercise a "reasonable level of care" to maintain safe premises, thus preventing injury to visitors.

    It is difficult to answer your question without more information. You mentioned it was a cycle injury. The question is whether the store allowed conditions to exist that were considered "hazardous and hold a foreseeable dangerous condition." Common examples can include uneven or broken flooring, gaps in the floor, faulty lighting, and an unmarked stairways.

    Now, for example, if there were exercise bikes in a cordoned off area and a sign that clearly stated "Do not sit on bikes" could you argue that this was a potentially hazardous and foreseeable danger? Some of the things the court may evaluate can include:

    1.The circumstances under which you entered the property (for example if you climbed over a partition and clearly did something you should not have done the courts may decide the store is not liable for your injuries)
    2.The intended use of the property
    3.Whether the accident was foreseeable
    4.Whether the property owner took reasonable measures to prevent injury or warn visitors of potential hazards

    Keep in mind, not only would you have to prove negligence, you would also have to prove that you suffered injury and loss. Additionally, if you are found to be partially negligent, in some states you are not entitled to damages; in other states the court will adjust the amount awarded based on your degree of guilt.

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