How do I know if I have a premises liability case?
The key in premises liability is negligence. While you may have been injured on someone's property, you would only have a claim against them if they were negligent on their property, causing your injury. For example, if you were visiting a friend's home and they were doing construction and they failed to warn you about loose nails that caused an injury, you may have a premises liability case against them. These cases can be tricky, contact a lawyer at the Coye Law Firm to help you understand all aspects of your personal injury claim.
Who can make a premises liability case?
There are three types of people who can make a personal injury premises liability case: an invitee, a licensee, and in some cases a trespasser. An invitee is someone who has expressed or implied permission to enter a property. The property holder then has a duty to reasonably ensure that their property is safe for the invitee. A licensee would be someone like a sales person who enters a property for his or her own reasons. In this case, the property holder still has a duty to keep the property safe for any licensee that may enter. A trespasser is someone who does not have permission to be on a property, usually the property holder has no obligation to trespassers, but there are exceptions to this rule. For example, children may be harmed while trespassing and they could have a premises liability claim because children are likely to trespass, even if by accident. Property holders also have an obligation to warn potential trespassers of any dangers on their property. For example, if there is a dangerous dog on the property, there should be a "Beware of Dog" sign. If you believe that you fall under any of these categories, contact the Coye Law Firm to assist you with your claim.
If I was injured in a car accident caused by a road hazard, such as construction equipment, do I have a case?
This area of liability is an interesting aspect of premises liability. Governmental entities cannot be held responsible for injuries in buildings or on roads they fail to build, expand, or modernize. However, when they make the decision to do so, they become responsible for the injuries sustained due to lack of maintenance or due care. It works in a way similar to a private individual owning or operating a building.