A claim against a property owner such as a landlord, a homeowner or a business, is often called Premises Liability. The crux of most claims for premises liability is the property owner's negligence.
The essential elements of a claim for negligence against an a owner or landlord lessor of property are:
1. The defendant was indeed the owner, occupant and/or lessor of premises;
2. The defendant was negligent in the use, maintenance or management of the premises;
3. The negligence of the defendant[s] was a cause of injury, damage, loss or harm to the plaintiff.
Owner, occupiers and/or landlords of property are imposed with certain obligations to ensure the safety of those that enter the property. The owner, occupant and/or landlord of premises is under a duty to exercise ordinary care in the use, maintenance or management of the premises in order to avoid exposing people to an unreasonable risk of harm.
This duty exists whether the risk of harm is caused by the natural condition of the premises or by an artificial condition created on the premises.
This duty exists even when the unreasonable risk of harm is caused by the criminal conduct of a third person which, in the exercise of reasonable care, is or should be foreseeable, or where the owner, occupant or landlord of the premises maintains the property in such a way as to increase the risk of criminal activity
A failure to fulfill these duties is negligence.
Browstein Law Group has extensive experience litigating claims of premises liability. If you have been injured while on the premises of another, please contact us now.