For many, the majority of our waking hours are spent outside of our homes — at work, at church, at community events, or shopping. As guests at these places, it is not reasonable to think that we can be aware of all the potential hazards on the property. Personal injury at any of these places falls into the legal category of premises liability.
Premises liability generally refers to accidents that happen to a guest or trespasser and take place on another’s property. These property-holders include homeowners and business owners, and the injuries usually result from an unsafe condition on the land due to the negligence of the owner or some failure to warn of the dangers. Landowners retain varying degrees of responsibility towards their visitors, depending on the category of law into which the visitors fall: invitee, licensee, or trespasser. These categories are usually determined by the nature of the visit — whether it is for commercial or social purposes, whether it is by invitation or an intrusion.
To determine liability, inquiries will be made into the creation of the hazard, the length of time the hazard has existed, whether the landowner knew of the hazard or whether the landowner should have known of the hazard.
Clifford Law Offices represents many people who have been innocently hurt while lawfully using another’s property. For instance, Robert Clifford was retained by a Chicago family to represent a young girl who was attacked at a Chicago housing project. The high profile case settled for $1 million. Failing to provide proper security measures also is an area of premises liability. In another case, Robert A. Clifford obtained $1.1 million on behalf of an ironworker for injuries sustained when the scissors-lift he was driving fell into an excavated hole that was covered in snow on a construction site. We reached a $750,000 settlement for the family of a construction superintendent who died from a fall while he stood on scaffolding on a construction site.
If you need to speak with an attorney who specializes in premises liability litigation, lawyers at the Clifford Law Offices are available for consultation.
For more insight on specific areas of premises liability please visit those below: