Premises liability laws are incredibly complex. However, many members of the public assume the opposite, and this led to many prominent myths about premises liability law existing in the public sphere. Whether you’re a property owner defending yourself from a premises liability accident claim, or someone who has been injured due to a property owner’s negligent behavior, understanding the difference between premises liability facts and myths is incredibly important. To help educate you, we will be examining four of the most common premises liability myths, as well as the real facts that you must know before engaging with a premises liability lawsuit:
1. Property Owners are Always at Fault in Slip and Fall Accident Cases
Many people assume that any injuries (especially slip and fall accidents) that happen on private or public property are automatically seen as the fault of the property owner(s). However, this could not be further from the truth. In fact, when determining fault, one of the first things lawyers and the court will look at is the legal status of the injured person. For example, if the injured person was a trespasser, or if they acted in a way that was knowingly dangerous pre-accident, they can not hold the property owner accountable for their injuries. Whether you’re an injured party, or the owner of a property where an accident has happened, having a knowledgable premises liability attorney to help you through this time is critical.
2. Victims in Premises Liability Accidents Can Only Be Compensated for Physical Injuries
When we think of premise liability accidents, we often assume that these injuries are only physical. Once again, however, this is not the full truth of the matter. While the vast majority of cases deal with physical injuries, emotional and financial injuries can enter into the equation as well. Trauma from becoming the victim of a crime due to lax, negligent security measures becomes a prime example of this. Because this trauma was experienced due to a property owner’s lack of responsibility and negligence, it could be seen as the basis for a costly premises liability lawsuit. Having a premises liability lawyer you can trust will allow you to navigate this gray area in the law effectively, so never try to handle complex cases on your own if you want to win your case.
3. Premises Liability Really Just Means “Slip and Fall Accident”
One of the most common myths associated with premises liability law is that the term is a synonym for “slip and fall accidents.” While slip and fall accidents can fall under both personal injury and premises liability law, they are absolutely not the only type of accident that is relevant under these laws. Criminal activity that is emboldened by negligent security measures and any other type of injury that arises due to negligent property management can be tied to cases dealing with premises liability law, after all. Dog bites, amusement park accidents, parking lot accidents, and many other types of accidents can also fall under the umbrella of premises liability law.
4. Property Owners are the Only Party That Can Be Held Legally Responsible in Premise Liability Cases
When a premises liability lawsuit is filed, property owners are not the only party that can be held legally responsible. Landlords, property managers, maintenance workers, and security employees can all find themselves responsible for a premises liability accident. If the person injured is a trespasser on the property they’re injured on, they can even be held fully or partially responsible for their injury. The highly nuanced nature of premises liability law can be almost impossible for a layperson to navigate on their own, which highlights just how critical it is that you hire a solid lawyer to represent you effectively in these often-tragic cases. Doing so will prevent you from being held responsible for injuries on your property that are not your fault. For victims of premise liability accidents, on the other hand, a quality lawyer can ensure that you receive the restitution you deserve.
Never Let Myths About Premises Liability Law Put You in Jeopardy
By following your premises liability attorney’s advice, and understanding the difference between facts and myths surrounding premises liability laws, you can protect yourself in 2022. Finding yourself in legal or financial jeopardy due to a basic misunderstanding of the law is incredibly frustrating and costly, so be sure to remain vigilant in your efforts to win any premises liability lawsuit that you’re involved in.
