In our last blog, we started to go over premise liability. This is a complex topic where it was challenging to find generalizations that cover the entirety of the subject. But in this blog, we will look a bit deeper into determining if a premise is liable and if there has been a breach of duty.
One of the easiest ways to start this process is to look at the building code for that particular establishment and what is expected to be there or not to be there. If an injury happens specifically because a building is not up to code, then the owner can become liable. But if a building is code compliant, an owner could still have a breach in his duty. Code compliance and breach of duty are not the same things. And there are still cases that a premise is entirely up to code and yet proper precautions were not taken place to ensure that a person did not get injured. It may be helpful to find out if other injuries have happened on the premises as well, though this may not ensure liability either. Breach of duty depends on what kind of establishment it is and what expectation and laws are set in place to ensure the proper care of guests. If those are not met, and there is an accident, there could be a lawsuit and the owner of the property would be liable.
In these cases, most people are looking for restitution of medical bills, lost income or loss of future income due to the injury, as well as pain and suffering. If you or a loved one have experienced an injury or a wrongful death due to a breach in care and feel that a premise is liable, please contact us. We are experts in these sort of cases and know what the law mandates. We can help you discover if you have a case with our free consultation. There is no obligation, but we hope that we can help you.