Duty of Care Owed to Victims in a Premises Liability Claims

Premises liability cases will normally hold the property owner responsible for any injuries or accidents that occur within the building. The duty of care owed the victim is usually similar to other properties. The owner is responsible for removing known dangers from guests and visitors.

Premises Liability

A person who owns a property is usually responsible for the care of guests, invitees and other people who may be staying at the property. The duty of care could also extend to the person who occupies and controls the property. It is crucial to determine who owns the property where the incident occurred and whether there are other factors that may complicate a claim for compensation or damages. The property could have dangerous or defective conditions, which can lead to the owner or occupier being held responsible for any damages.

The Duty of Care

The owner or occupier of the property has a duty to ensure that guests and invited persons are safe. The tenant or owner may have to quarantine the property or make repairs so that nobody else is hurt. This could require repairs, maintenance, or replacement of parts. Most claims for duty of care arise from negligence or breach of duty due to negligent behavior or activity. Guests or invited persons may suffer harm and need to be compensated.

Negligence in the Duty of Care

Negligence by the owner can cause injury to others. This can often lead to a more straightforward claim against the owner. Negligence can be a matter if the owner knows there are dangers within the property but doesn’t feel the need to take them out, even if guests are staying at the property. Negligence can also be less obvious or easy to spot, such as when a property has a known danger but the owner doesn’t feel it could cause harm. A second example is when you repair or replace items that are only temporarily dangerous.

The Breach of the Duty to Care

In a situation of premises liability, negligence or breaching the duty to care applies to the failure to use reasonable care to protect anyone who may live or travel through the property. When the owner, occupying or controlling tenant fails to protect others from the dangers on the property, he/she breaches the required duty of care. In these cases, the plaintiff must prove and show that the owner of the property or the controlling person was negligent by knowing or having foresight that a danger could injure or harm another person.

The Claim against Controlling Party

The victim of an incident who is not the controlling party of the property will need to research how this could affect the claim. By hiring a lawyer early, the plaintiff need less time and effort to find all facts and recover from the injuries. A valid claim requires evidence that the plaintiff suffered injuries and that the defendant was responsible for the property at that time.

Although the claim will not cover a higher duty to care, the controlling party of property must make every effort to eliminate dangers for guests and invitees. In order to remove any liability or owing damages to the victim, it is vital that they are well taken care of. For premises liability claims, the plaintiff must have sufficient evidence to support all four elements of negligence or breach of duty.

Legal Support for Premises Liability and Duty of Care Claims

A premises liability lawyer will have to prove to the courtroom that all four elements of negligence were present in order to protect the victim from harm. The lawyer will seek the maximum compensation if negotiations are initiated for a settlement.

Updated 12/3/2021