The Mike Kelly Law Group has handled hundreds of cases for individuals that have sustained injuries while on someone else's property. This area of practice is typically referred to as premises liability. An owner of a property that extends an invitation to the general public or holds its premises open for a purpose connected with its business has a duty to exercise reasonable care for the safety of its visitors.
The owner or occupier of the property has a duty to warn visitors of hidden dangers or any unsafe conditions that the owner should have known about. If the owner or occupier of the property fails to discover risks and take safety precautions to warn of or eliminate foreseeable risks and such failure causes injuries to a guest, the owner may be liable for the resulting damages.
The mere fact that a person may have sustained an injury is not sufficient to impose liability. The guest must prove negligence and that such negligence caused an injury. The foundation of establishing premises liability is actionable negligence.
To recover damages for injuries caused by a dangerous or defective condition on an owner's premises, the guest must show either: (1) that the injury was caused by a specific act of the owner which created the dangerous condition; or (2) that the owner had actual or constructive knowledge of the dangerous condition and failed to remedy it.
If you have been injured while visiting a business or property or another, you may be entitled to compensation for medical expenses, lost wages, pain, suffering, disfigurement, permanent injuries and any other damages resulting from such injuries. Find out exactly what your rights are by contacting The Mike Kelly Law Group for a confidential, no-cost consultation by calling the toll free number listed for any of our offices or by completing our contact form.