When you visit someone’s property, you trust that it is safe. If it is not, you expect the host to warn you of any dangers and how to avoid them. When you are hurt because of a hazard the host knew about, they may be responsible for your injuries. This applies whether you are there as a customer, a friend, or for work. However, when you are an illegal visitor—or a trespasser—you do not have the same rights, though property owners must still protect some trespassers from certain dangers.
When you are injured on someone else’s property, it can be challenging to determine whether or not you have a personal injury claim. If the accident was on a residential property, you may have to file a claim against friends or family members. If you are hurt on business property, you may have to deal with business owners who are unwilling to address your claim fairly. Whether you are trying to preserve family relationships or battling against well-funded defendants, a Goodlettsville premises liability lawyer could help.
Property owners or managers have a duty to keep their property safe and warn people of potential hazards. Every property owner should regularly inspect their property to look for hazards, but the frequency of inspections depends on the nature of the property and the visitors. For example, a store that welcomes many customers daily should regularly inspect for slippery floors, but a homeowner has different obligations.
The nature of the visit helps determine the obligation. Visitors can be guests, invitees, licensees, customers, residents, and trespassers. The more explicit the invitation—and the more beneficial it is to the property owner—the greater the duty. However, generally, property owners’ obligations toward all legal visitors are very similar. Additionally, owners typically do not owe a duty to illegal visitors, but there are exceptions.
One exception is “attractive nuisances.” Attractive nuisances are property features that attract curiosity but may be unsafe. For example, a swimming pool is an attractive nuisance. Property owners have a duty to prevent people—including trespassers—from accessing the attractive nuisance. This obligation is more significant for children than it is for other adults.
Premises liability depends on:
Therefore, it can be challenging to determine whether you have a potential claim. A dedicated Goodlettsville legal professional experienced in handling premises liability claims could provide additional information.
One of the most terrifying types of premise liability cases is a home explosion due to a gas leak. Sometimes, these leaks are beyond the homeowner’s control. For instance, if the gas company fails to add an odor to the natural gas, making it more difficult to detect a leak (since natural gas is odorless), they may be liable in lieu of the homeowner. Other third-party causes include:
Property owners are responsible for leaks within their control. Properly maintaining equipment or appliances is their responsibility. However, when the appliances are defective, the property owners may seek third-party compensation from the manufacturers of the equipment.
When an injured party initiates a claim for a natural gas explosion, they often start with the property owner. While they may be responsible, they may not be the only liable party. A seasoned Goodlettsville premises liability attorney could help you with third-party claims against others, such as manufacturers, distributors, suppliers, installers, manufacturers, and repair technicians.
When you have been injured on someone else’s property, you may be uncertain about how to proceed. In some cases, their insurance will promptly and fairly handle a claim. However, in other cases, they may deny responsibility for the injury. Ponce Law has a litigation team on standby, so if the insurance company refuses to pay you what is fair, our proactive lawyers can file a lawsuit to make them pay.
Attempting to handle the claim yourself may lead to complications legally and with your relationships. Instead of trying to handle it alone, get help from a legal professional. Schedule a consultation with a Goodlettsville premises liability lawyer today to find out how we can help.
