Premises liability laws refer to legal principles that hold tenants and landowners responsible for injuries to visitors. With very few exceptions, premises liability claims are negligence-based, although doctrines are applied differently than in other personal injury matters.
State laws often set precedents in these cases, and local building codes and ordinances may also play a role. To gain compensation, a person and their Premises Liability Injury Attorney in Gig Harbor may file a suit against a business owner, landlord, tenant, or property management company that owns or possesses the premises.
Visitor Status Can Affect Premises Liability Claims
Many courts decide matters of premises liability through their characterization of the victim. A person entering without permission is regarded as a trespasser while a social visitor is a licensee. A person entering under the landlord’s purposes is an invitee, and each of these groups receives a different type of protection.
Areas following this approach do it to give defendants a set of regulations to follow in preventing liability. However, some jurisdictions have abandoned the approach in favor of one that judges each case based on its own merits.
Modern Law’s Standards Are More Flexible
The negligence doctrine’s central concept is that everyone is legally obligated to act prudently and reasonably. No matter how a person is injured, the defendant’s actions are judged by the “reasonable person” standard. Juries consider the facts of a case and decide whether a prudent person in the defendant’s circumstances would have done the same or acted differently to avoid an accident.
Legal Doctrines and Rules
Injury victims should know the rules of comparative fault and contributory negligence. These concepts can reduce or bar awards in these cases based upon the plaintiff’s behavior. Simply put, a plaintiff will recover less if the defendant can prove the accident could have been avoided. Juries are typically instructed to assign a portion of the fault to the plaintiff and reduce damages accordingly.
Hiring An Attorney To Defend Or Pursue A Claim
Because laws on premises liability vary by jurisdiction, injury victims should call a local attorney for help. If someone is hurt on another person’s property, they must act quickly to gain the compensation they deserve. By calling Anthony Otto, a Premises Liability Injury Attorney in Gig Harbor, as soon as possible, victims can protect their rights and potentially get a larger award.
