Premises liability refers to the liability the owner of a property has if you are hurt because of dangerous conditions on the property. Premises liability applies to all types of property.
What you need to prove
If you’re the plaintiff you generally have to prove that the following applies:
● The defendant owned, occupied, or leased the property.
● The defendant used the property negligently
● You (the plaintiff) sustained injuries, and
● The defendant’s negligence was the main cause of your injuries.
Owned, leased or occupied the property
Personal Injury Lawyer in Mississauga knows that you have to prove that the property was in the defendant’s legal name. If you can do this, then you can prove that the defendant violated his or her duty of care towards you in terms of ensuring that property was safe for you to be on.
The defendant used the property negligently
You have to prove that the defendant used the property in a negligent manner. The reason for this was that the defendant had a duty of care towards you which he or she breached.
You can use this defense even if you were knowingly and legally trespassing. Courts and the law have generally used your status when you were on the defendant’s property to determine the extent and nature of the defendant’s liability:
● Invitees – the defendant has invited you on the property because you’re making money for him or her. The defendant has a definite duty of care towards you in this instance.
● Licensee – you may not be making the defendant any money by being on his or her land but you have his or her permission to be on the property. There is an exception and that is if you’re a social guest who has been asked to leave. You automatically become a trespasser in this instance.
● Trespasser – you don’t have the defendant’s permission to enter the property. The defendant doesn’t have any duty of care towards you. That said, he or she can’t harm you when you’re on the property.
Liability based on ordinary negligence
Most states don’t use this rule anymore. The defendant is legally responsible for informing you of any dangers on the property that he or she should have reasonably known about.
You/plaintiff sustained injuries
You have to show admissible proof of your injuries. You can do this in the form of medical records or bills.
The Defendant’s Negligence Caused Your Injuries
You have to prove that the defendant’s negligence caused your injuries. You also have to prove that your injuries were an obvious outcome of the defendant’s negligence. That is why evidence needs to be preserved and that will help the lawyer draft a strong case.
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