 Premises Liability
Comparative Fault
One of the most commonly used limitations on a property owner/possessor's liability is the argument that the injured person was partially at fault for what happened. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety. Where that care is not exercised appropriately, the plaintiff's recovery may be limited or reduced by his or her own negligence. Most states adhere to a "comparative fault" system in personal injury cases, meaning that an injured person's legal damages will be reduced by a percentage that is equivalent to his or her fault for the incident. So, if it is decided that an injured person was 25% liable for an accident, and the total damages were $10,000, he or she will receive only $7,500.
Lessors and Landlords
Special rules of liability may apply in cases of lessors (landlords) of property. The general rule holds that a lessor is not liable to a lessee, or anyone else, for physical harm caused by a condition on the property. This general rule is based partially on the lessor's presumed lack of control over the property once it is leased, but the rule has numerous important exceptions. For example, a lessor is responsible for injuries that occur as a result of a latent defect that existed at the time the lessee took possession of the property if the lessor knew or had reason to know of the defect. A latent defect is a concealed, unreasonably dangerous condition, either artificial or natural. Similarly, if the lessor agrees to undertake a repair for the benefit of the lessee, it must be done in a non-negligent manner. Similar exceptions may apply in other circumstances, such as where the lessor opens the property for admission of the public, or where the lessor maintains control of the premises.
Getting Legal Help for a Premises Liability Injury
If you or a loved one has suffered a premises liability injury, you should speak with an experienced attorney to ensure that your legal rights to compensation are fully assessed and protected.
Premises Liability - FAQs
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