Injury Lawyer Hamilton

How Does Injury Lawyer In Hamilton Define Premise Liability?

If one has to define premise liability, it can be defined as a concept that comes into existence in cases wherein the injury has been caused due to the unsafe condition of the property where the accident happened. If you check with any injury lawyer in Hamilton, you would come to know that premise liability cases, like most other personal injury cases, are mainly based on negligence. For winning a premise liability case, the plaintiff will have to prove that the owner of the property acted negligently and did not maintain the property as was needed, leading to the creation of dangerous situation which ultimately led to the accident.

However, a good injury lawyer in Hamilton will tell you that because you were injured on someone else’s property does not favor you in filing a premise liability case against the owner of the property. In fact, it would also be told to you that simply because you got injured on a property does not make the property owner negligent. Also, the bad maintenance of the property also does not give rise to a personal injury lawsuit, if the owner of the property was not negligent. It will have to be proved with due evidence that the owner was aware about the dangerous condition of the property and still did not take appropriate actions to tackle the situation. You’ll need to prove that negligence in taking proper measures led to the injuries that you sustained.

There are a number of situations where the premise liability cases can be filed. These include elevator accidents, swimming pool accidents, inappropriate security measures leading to assault, water leaks and flooding, slip and fall cases and the presence of toxic chemicals and fumes in the premises. An injury lawyer in Hamilton would be able to inform you about the fact that most states need the owner of the property to take proper care of the property in question. However, they also divide the visitors coming to that premise into three major categories and look at the owner’s responsibility in dealing with the same according to the categories defined.

The three categories that have been defined by the states include the following:

•    Invitees. These are the people who have due or deemed permission of the property owner to visit the property and are people like friends, relatives and neighbors. According to the state specified rules, the owners of the property have a responsibility to keep these people safe and need to maintain the property for them.
•    Licensee. A licensee is people who has implied or direct permission of the owner of the property to visit the property for their own work. These people would include the people coming to that property for work like gardener, manager, sales person, plumber, etc. The property needs to make sure that the property is safe for them.
•    Trespassers. The property owner, and your injury lawyer in Hamilton will also insist on this, has no liability towards these people and is not liable if they get injured on the property. Visit Here: APC Personal Injury Lawyer