Law

What Is The Duty Of Care In A Premises Liability?

If you suffer personal injuries on someone else’s property because of its lack of maintenance or improper condition, you are entitled to file a premises liability claim. Slip and fall accidents, poor security, malfunctioning appliances such as elevators, and fires are common causes of premises liabilities. 

The legal procedure involved in a premises liability claim can be complex, and the aid of a Hartford personal injury lawyer can help reduce your distress. They are knowledgeable of the personal injury laws in your state and how they affect you and can guide you efficiently throughout to receive fair compensation. 

What is the duty of care? 

The owner or the person that is in control of the property owes the invitees, guests, and residents a certain duty of care that ensures safety on the premises. They are required to maintain the premises adequately and repair any defects that could lead to injuries to others. 

What is the breach of the duty of care? 

When the owner or person in control of the property is negligent in their duties and fails to maintain a reasonably safe and hazard-free environment on the premises because of which another person suffers injuries, it is a breach of duty of care. If their negligence resulted in your damages, they are held liable to compensate you for your losses. 

On what basis is the owner or person in control held liable? 

The victim is required to prove: 

  • The owner had owed them a duty of care. 
  • The owner was negligent and failed to provide the duty of care. 
  • The owner’s failure of duty of care caused them to suffer injuries. 
  • They suffered actual damages. 

Suppose you suffer damages because of the premises owner’s negligence. In that case, it is recommended to take steps such as documenting photos and videos of the accident site, noting contact details of witnesses, reporting the incident to the manager, obtaining a copy of the security camera that captured your accident, and contacting a personal injury lawyer. 

How can your personal injury lawyer help to prove the breach of duty of care? 

Your personal injury lawyer conducts an investigation and helps find evidence proving that the owner was negligent and that their negligence resulted in your injuries. They also collect evidence such as your hospital bills and doctor’s notes to establish the cause of the injury and the extent of your damages. 

The presence of a lawyer helps you hold the negligent party liable and ensures that you receive a just compensation that recovers your losses because of the injuries. 

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