PREMISES LIABILITY

Landowners are subject to Premises Liability when a person is injured while on their property and the injured party is not acting "negligently" or without "due care and diligence." If the person entering your property is an "uninvited" guest or "trespasser," the landowner's liability may also be limited or minimized. "Open and obvious" dangers to a person's property can also limit a landowner's liability if the "invitee" was not acting with due diligence.

Types of victims are:

Invitees - these are individuals who enter a person's property with permission. These are usually there to conduct business, or may be extended family members or friends.

Trespassers - are those individuals who enter your property without your permission. The exception to this rule is children, who do not know any better and may be drawn to the property without the owner's knowledge.

Licensees - these individuals may be salespeople or "social" guests who enter the property for an express purpose.

In premises liability actions, the plaintiff (or injured party) must prove:
(1) that the defendant owed a duty to the plaintiff,
(2) that the defendant breached the duty,
(3) that the defendant's breach of the duty caused the plaintiff's injuries, and
(4) that the plaintiff suffered damages.

Some types of premises liability cases are: slip and fall, alcohol related liability, open and obvious, animal liability, and ice and snow. You normally have 3 years from the date of injury to file a premise liability case.

The attached Personal Injury Questionnaire and HIPAA Medical Release forms are used by this office to assist us in starting a premises liability case.

Please call Elhart & Horvath, P.C., today at 1-800-968-4534 or (231) 946-2420, for your free initial consultation.


Download HIPAA Medical Form.doc Download Personal Injury Questionnaire.doc