How to Prevent a Premises Liability Claim
8 Ways Property Owners Can Prevent Premises Liability Claims
If someone gets hurt on your property, you could find yourself in deep trouble. Any injury that occurs on the property can result in the victim filing a premises liability claim against the property owner. This is why it is important to acquire liability insurance. While accidents happen, there are ways to prevent them and premise liability claims from being filed against you.
Below, our excellent team of premises liability attorneys at West Coast Trial Lawyers break down the different ways a property owner can be protected from a premises liability case.
If you sustained any injuries while on someone’s property, you may be eligible to file a claim against the party at-fault for damages. Contact our 24/7 legal team today by calling 213-927-3700 or filling out our quick contact form to schedule a free consultation.
Property Owner’s Duty of Care
All property owners owe their guests a duty of care when they enter the premises. Failing to provide adequate protection and/or warnings will result in an accident. Common premises liability cases include:
- Slip and fall accidents
- Falling objects
- Damaged flooring
- Wet or slippery flooring
- Dog bites
- Defective electric wiring
- Toxic fumes and chemicals
- No warning signs in a hazardous area
These cases usually occur in public and private locations, which include supermarkets, theme parks, houses, and schools.
If a visitor is injured on your property, they have the right to file a claim to the insurance company. If you do not have insurance, the aggrieved individual has the right to file a lawsuit against you personally and receive compensation for their injuries.
8 Ways to Prevent Premises Liability Claims
While some accidents are inevitable, they are preventable if the proper precautions are taken. Here are 8 ways to prevent premises liability claims against you:
- Installing and monitoring cameras is essential to maintaining security and having proof of activity throughout the premises. This is a simple way to keep watch of potential hazards throughout the property and have proof of the events when it comes to someone making a claim about sustaining an injury by an accident that occurred on the property.
- Providing signage warnings about risks upon entry is an essential factor to consider in order to protect a property owner from premises liability claims. Signs that clearly state the risks involved with entering the property further pushes liability away from the property owner and onto the visitor who took the risk upon themselves to enter.
- Attending any issues that need immediate attention is essential to preventing accidents from happening. If the property owner is aware of any hazards or damages found in their premises, they are expected to handle the situation right away to avoid getting involved in any premises liability cases.
- Maintenance is needed in order to provide a safe environment for guests to visit. Frequent checkups and repairs will allow the property owner to find and remove any hazardous conditions surrounding the premises.
- Supplying sufficient lighting throughout the property will help prevent injuries. If the property owner fails to appropriately adjust the lighting, it could trigger a lot of premises liability accidents. For example, those who are passing by a poorly lit area could have a difficult time seeing where they are going and may end up falling down. Furthermore, bad lighting can give an assaulter the opportunity to attack, or even kill, an individual nearby.
- Assuring that all doors, fences, and gates function correctly and can lock are important factors that are needed to provide efficient property security. Doing so can prevent trespassing, break-ins, and assault.
- Respond to emergency calls and situations as soon as possible. The property owner is expected to react immediately to any emergency calls or situations that are brought to their attention. They must mitigate the issue, provide assistance, and prevent the problem from getting worse.
- Having a professionally trained security team on the premises is an ideal way to maintain a safe environment. The physical presence of a security guard monitoring the premise in live time can prevent dangerous situations from happening. However, it is important that the security guard knows how to de-escalate situations and take the adequate steps needed in order to address accidents that do happen. If they don’t, having one on-site could place further liability on the property owner.
How Premises Liability Is Determined
Premises liability is determined on a couple of different factors that regard the property owner’s negligence and how it contributed to the accident. The individual making the claim must prove the following:
- The injury was sustained in an accident that occurred on the property,
- The owner was aware of the circumstances that caused the accident, and
- The property owner did nothing to address the issue that could have prevented the accident from happening.
How a Premises Liability Claim Can Affect Reputation
Having a premises liability claim can tarnish the reputation of a business, common place, or even a friend. In most cases, publicly denying that an accident occurred on your premises can do more harm than good. While it is wise to not publicly refute a claim made against you, you can still mitigate the financial damages, along with other damages done to the reputation of the property by having a specialized premises liability attorney on your side. They know how to work with insurance companies and mitigate damages.
Need a Premises Liability Attorney? West Coast Trial Lawyers Can Help
If an accident occurred on your property, you should consult an attorney about your premises liability case. Our experienced team of premises liability attorneys at West Coast Trial Lawyers are available 24/7 to answer any questions or concerns you may have with your case.
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