(Newswire.net — June 20, 2023) — Be it a retail shop or shopping mall, restaurant, or nightclub, people expect a reasonable level of security in any business they patronize. Yet, people can become injured on any premises due to intentional and unintentional acts. Depending on the circumstances during which an individual gets injured, they may be able to file a premises liability claim against the owner of the business or premises where they got injured. And this is because property owners have a duty to protect people on their premises.
“Property owners have a duty to make their property reasonably safe and guard against third-party crime that is foreseeable. This duty is very broad, however, and not generally tied to a certain task or security measure like lighting.
To determine what is reasonably safe, a court may consider several factors such as the level of crime in the area, past incidents and crimes on the property, and the type of security considered standard for the type of property, business, and area,” says a negligent security lawyer from SteinLaw, a Florida-based law firm.
Premises liability is a broad aspect of personal injury law, and below are the most important things to know about it.
- There Are Different Types Of Premises Liability Claims
Premises Liability Claims are fairly broad, and there are different types of these claims. One of the most common types of premises liability claims is slip and fall claims. There are several factors that can lead to someone slipping/tripping on a property and getting injured.
The leading causes of slip and fall accidents include puddles, snow, and ice on walkways, worn out or damaged flooring, inadequate or lack of lighting, potholes in the parking lot, and so on.
A negligent security claim is another type of premises liability claim and is usually brought against businesses or property owners when the injured party feels their injury was due to inadequate security on the premises.
Swimming pool accident claims arise when property owners fail to implement proper safety precautions at the pool. This may include inadequate supervision at the pool, having defective or unsafe pool attractions, and so on.
A person can make a dog bite claim if they are attacked by a dog. Dog owners have a responsibility to restrain their dogs, especially those that are aggressive. As a result, property owners may be held responsible for injuries caused by their dogs if they fail to properly train or restrain them.
- Criminal Act Must Have Been Foreseeable
In a negligent security lawsuit, the plaintiff has to prove that the criminal act was foreseeable by the defendant. As mentioned earlier, several factors will be considered by a court to determine if the criminal act was foreseeable or not. If someone was assaulted at a shopping mall and there’s no prior history of assault in the mall or in the neighborhood as a whole, then the criminal act may not be categorized as foreseeable.
On the other hand, if an assault has previously occurred on the premises or at nearby properties, the property owners will be held responsible as they are expected to take steps to protect people on their property against the crime.
Still, on the matter of negligent security, the plaintiff will also have to prove that security measures have been inadequate. What constitutes adequate security will vary among businesses and locations. While nightclubs are expected to have security guards and metal detectors, the same doesn’t apply to small retail stores. Adequate lighting and security cameras may be what a small convenience store needs for proper security.
- Statute Of Limitations
If you are familiar with the term “statute of limitations”, you’ll know it refers to the maximum length of time people involved in a dispute have to initiate legal proceedings. Once the statute of limitation has passed, the parties involved in a dispute can no longer take legal action.
The statute of limitation for premises liability claims may vary among States. However, it’s two years for most types of premises liability cases, although this may be longer in some States and for specific claims.
To increase the chance of getting compensation, it’s important to take legal action as soon as possible. It may be difficult to obtain evidence as some time and witness testimony may change. People injured on another person’s property due to negligence should see a doctor immediately after the accident.
Doing so will ensure such a person receives proper medical attention while having evidence of the injury. Photos of the hazard that caused the injury should be taken, and witness testimony will solidify your case. And while there are up to two years to take legal action, the time to call an attorney is NOW.