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Premises Liability Attorney

Premises liability is an umbrella term for multiple types of personal injury cases. So if you have been injured on public or private property, you may be entitled to damages. Premises liability laws determine who may be liable for these injuries. So contacting a premises liability attorney is the best way to determine this. They will be able to assess your case and see what can be recovered.

Types of Premises Liability Cases

Any injury that occurs on the property of another party may allow for a premises liability case to seek compensation. Some of the types of cases include:

  • Slip and Fall
  • Trip and Fall
  • Assaults – Inadequate Security
  • Drownings
  • Snow and Ice Leading to Falls
  • Defective Stairways
  • Elevator and Escalator Accidents
  • Vicious Dog Attacks
  • Fires
  • Toxic Exposure
  • Lack of Safe Lighting
  • Doors, Gates, Rooms with Faulty Locking Systems

Duty to Protect from Harm

An owner or occupier’s duty to protect from harm is the care they owe to individuals who are legally present on their property. The three elements of duty to protect from harm an owner or occupier will answer for in court are:

  • The owner or occupier was aware of, or should have been aware of, the condition of the premises, understood the unreasonable risk of the threat it posed to a visitor and should have anticipated the visitor being unaware of the danger
  • The owner or occupier failed to exercise their duty of care to the individual and make the area safe or to notify the visitor that there were unsafe conditions
  • The visitor was unaware of the conditions of the location and the risks that may be involved

Visitor Liability in Premises Liability Cases

According to a concept known as “contributory negligence,” if a victim was in any way remotely liable for their accident, even just one percent, they may be barred from recovering any sort of damages. So if injuries result from situations wherein:

  • Signs have been posted regarding unsafe conditions.
  • The owner or occupier gave the visitor a full warning.
  • The danger was obvious but the visitor proceeded anyway.

It is very unlikely the victim will be able to file a claim and receive compensation.

Also, if the injured person was aware of the danger, fully appreciated that there may be injury, and continued with their actions and was injured, they cannot recover damages under Maryland’s contributory negligence rule. Legally speaking; they were fully aware of the danger and understood the risk they were taking and the consequences that may come. But they proceeded anyway.

Statutory Duties

In addition to the duty of care already discussed, premises owners or occupiers may also be subject to statutory duties, as well. These are duties that are imposed by statute, such as by state or municipal governments for housing or office space. Therefore it is considered negligence if a person ignores or acts against the statute, as they are designed to protect a specific classification. If the injured party happens to fall under the correct category of people for statutory duties, they may be able to pursue damages. Although it must be determined that their injuries were directly, or proximately, caused by a failure to adhere to the statutes.

Why You Need a Premises Liability Attorney for a Case

If you have been seriously injured while on the property of another person or entity that failed to exercise reasonable care in maintaining the premises, or failed to protect you from harm, your case comes under the umbrella term of “premises liability.” Severe or fatal examples of these cases are defended by teams of insurance company defense lawyers. These lawyers make it their job to find any aspect of the case that could reduce the value of a settlement or jury award.

This is not a situation you should try to handle on your own, as you may be denied compensation or be offered a settlement that is unfairly low.

Why Choose Malloy Law Offices, LLC?

If you have been injured on public or private property, you may have a premises liability claim. Contact a skilled premises liability attorney at Malloy Law Offices, LLC. Our attorneys will review the facts of your case, ensuring all common law and statutory duties owed to you by the defendant have been examined. They will also explore all avenues to claiming the damages you are entitled to. Call us today for your free consultation.