Everything to Know About Premise Liability Injury Cases

Everything to Know About Premise Liability Injury Cases

Liability can often seem like quite a grey area from a number of angles, but it's important to look into specific cases and figure out the technicalities in them. Premise liability injuries are no different, requiring utmost attention from you and a legal professional to dissect all parts of the situation.

Granted, there are several different factors here to take into consideration. As the injured person in the case, here's everything you need to know about premise liability injury cases:

What Is a Premise Liability Case?

Premise liability refers to an area that has been altered by human activity, which can invite injuries to those who frequent it. This can include places like parking lots, playgrounds, buildings, homes. Even parks and sports fields can also fall under the premise liability case, depending on the situation.

There's a big misconception about premise liability cases that it's about things like ugly lawns, peeling paint, and uneven sidewalks. While these are minor, they are a good starting point to gauge what kind of premise liability claims you can file. And as injury cases can be quite tricky to navigate, do seek help from the right kind of experts to build a case.

What Are the Kinds of Premise Liability Cases?

There are a number of different kinds of premise liability cases. The most common are typically slip and fall cases, which are often innocuous and easy to pursue in terms of legal standing and requirements. Of course, they also have their complications and have to be addressed accordingly.

The first kind of slip and fall claims were caused by wet and slippery floors. This can happen if a damp floor is there from a leak or a storm or one of the water fixtures in the building. A second kind would be ones that were caused by snow and ice. In both cases, there can be a claim that the property owners failed to remove it.

Aside from slip and fall claims, there's also premise liability for defective or inadequate lighting. Some buildings in the United States have been known to have faulty lighting, so people can't see where they're going when walking. Other complex cases may involve dangerous structures like railings, stairs, roofs, and similar structures.

Note that there may be cases where you can't file a premise liability. For example, if you slip and fall in a supermarket because you didn't see a sign, it may negate the possibility of a case. Thus, each kind of situation should be analyzed promptly by a legal professional to see whether you can sue the premises.

How Different Is Premise Liability from Personal Injury?

While premise liability claims do have a set of requirements and specific factors to take into consideration, they are still quite different from other kinds of personal injury claims. The first difference is the filing procedures. While personal injury cases need to go through the administrative system, premise liability cases involve filing a legal complaint at the courthouse.

Another difference is that the burden of proof for premise liability cases is higher than that of personal injury cases. In premise liability cases, prove that the person or company you're filing against failed to take care of their property and that the negligence led to your injury. 

Are Premise Liability Cases Easy to Prove?

Most premise liability cases are quite easy to prove, but that's only as long as you have the right kind of evidence and witness statements to back you and your claim up. Some slip and fall cases are quite easy to prove, such as ones that were caused by a leak or a puddle of water on the floor in a building.

For other kinds of cases, you have to prove that the property owner or occupier didn't fix or eliminate the dangerous condition despite knowing the risk that it posed. With proper evidence and legal aid, you increase your chances of building a case.

Who Is Involved in a Premise Liability Case?

The most involved party is the injured party. This is your legal title and the person claiming and seeking both damages and compensation. There may also be certain situations where the parents, guardians, or another person who knows the injured party that can file the case on their behalf.

The second party is the property owner or occupier. This is the person being sued for letting the dangerous condition get out of hand. Other parties would be the expert witness who testifies on behalf of your case. They would be working with you and your hired attorney to provide evidence.

What’s the Main Legal Concept in a Premise Liability Case?

Liability is the key legal concept when it comes to premise liability cases. It may violate strict liability, where a person may be liable regardless of whether or not their act was intentional. This liability is considered to be closer to intention.

Negligence, another version of liability, is the more common legal concept in premise liability cases. It refers to a person's failure to fulfill their duties towards the public, whether intentional or unintentional. 

What’s Needed to Prove Your Premise Liability Case?

The three terms that a premise liability injury case will work around will be Duty of Care, Breach of Duty, and Cause of Injury. The first term is Duty of Care, the responsibility of a property owner or occupier for the safety of their premises for the general public. 

When there is a violation of that responsibility, this is where Breach of Duty comes in. The goal to prove your premise liability case is to confirm that your Cause of Injury is due to that prior Breach of Duty from an owner.


Premise liability cases can vary depending on the circumstances, but they will surely require solid evidence and legal aid from the get-go. Be sure to contact the right kind of law firm and legal professional, as the advice of these experts is invaluable to your case.

Looking for an accident lawyer in Los Angeles? Mendez and Sanchez Law attorneys and team members are here to help you through the complex legal landscape as we pursue the compensation you deserve. Contact us today!

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