FREQUENTLY ASKED QUESTIONS ABOUT
PREMISES LIABILITY
What is “premises liability” law?
Under what circumstances is a property owner responsible for
injuries occurring to individuals while they are on his or her premises?
What duty of care does a property owner have?
How does our firm determine whether to file a premises liability
lawsuit?
What is “causation” in a premises liability case?
What damages does the law allow a plaintiff to recover in a
premises liability case?
What are economic damages?
What are noneconomic damages?
Can punitive damages be recovered in a premises liability case?
Is it necessary to use expert witnesses to prove a premises
liability case?
Can a property owner be liable for criminal acts which occur
on the property owner’s premises?
How do I know whether I have a premises liability claim that
should be pursued?
How do I know that you will do a good job on my case?
What are your fees?
Q. What is “premises liability” law?
A. “Premises liability” is the body of law that determines the responsibility of a property owner for injuries suffered by others while on his property. It includes circumstances arising while an individual is in the home or on the property of another individual, and while an individual is at another's place of business.
Q. Under what circumstances is a property owner responsible for injuries occurring to individuals while they are on his or her premises?
A. A property owner is not necessarily responsible simply because someone has been injured while on their property. Generally, a property owner is responsible for injuries on the property if the owner was “negligent“. A property owner is negligent if the property owner breached a duty of care owed to the injured individual. For example, an owner of a grocery store would likely have a duty to keep the floor dry (or post a warning if the floor is wet) in order to prevent shoppers from slipping and injuring themselves. An owner of an apartment complex might have a duty to repair a broken stair so that a tenant or visitor descending the stairs would not get hurt. An office building owner would probably have a duty to comply with electrical safety codes in order that tenants in and visitors to the building would not be placed in harm’s way.
Q. What duty of care does a property owner have?
A. The law that governs a property owner's duty of care may vary depending upon the jurisdiction. In many jurisdictions, a property owner owes a property entrant a different duty of care depending on the status of the entrant as a business invitee, a social guest or a trespasser. A business invitee is on the property owner’s premises at the invitation of the property owner, and ordinarily for the mutual economic benefit of both. A social guest is on the premises at the invitation of the property owner, but not for the economic benefit of the owner. A trespasser is on the premises without permission. In those states that base a property owner’s duty of care on the status of the entrant, the property owner generally owes the highest duty of care to a business invitee, and the lowest duty of care to a trespasser. Some states no longer consider the status of the entrant and hold the property owner to the same duty for all entrants on the premises.
Q. How does our firm determine whether to file a premises liability lawsuit?
A. We will recommend filing suit if we can meet our burden of proving:
- that the property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual
- there is causation, meaning that the property owner’s specific act or acts of negligence caused the alleged injuries and damages
- there are substantial damages which justify pursuit of such a case.
Q. What is “causation” in a premises liability case?
A. Causation is an important legal principal which
means the injured party must establish a direct connection between the negligent
act or acts of the property owner and the injuries and damages claimed. For
example, if the property owner defendant is able to demonstrate that the damages
the injured plaintiff is claiming resulted from something other than the property
owner defendant’s acts of negligence (i.e., the plaintiff had a preexisting
physical condition that explains all of the plaintiff’s injuries and damages),
causation would likely not be proven to exist.
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Q. What damages
does the law allow a plaintiff to recover in a premises liability case?
A. Generally, the plaintiff is to be reasonably compensated
for all injuries and losses resulting from the occurrence in question. Damages
are divided in most jurisdictions between two general categories: economic
(past and future), and noneconomic (past and future).
Q. What are economic
damages?
A. Economic damages include almost everything that can
be replaced with a checkbook. This category of damages is very broad and
will vary from case to case. Economic damages can include the reasonable
expenses of necessary medical care; hospitalization and treatment; loss of
income or earning capacity; the reasonable value of services provided by
family members for free; the cost of hiring others to perform normal household
duties; and the loss of the injured person’s services to his or her spouse.
These losses are projected into the future based, among other factors, on
medical testimony regarding continuing disability and future needs.
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Q. What are non-economic damages?
A. Non-economic damages are those losses which cannot be quantified in a dollar amount. The most prominent examples are pain and suffering, mental anguish, inconvenience, physical impairment or disability, disfigurement, and loss of enjoyment of life. The importance of categorizing damages as economic or noneconomic lies in the fact that noneconomic damages are sometimes limited under some states’ laws. We often see cases where people’s lives are devastated by catastrophic injuries, but if they are children or elderly, economic losses are limited and the capped amount of noneconomic damages is unfairly inadequate.
Q. Can punitive damages be recovered in a premises liability case?
A. Punitive damages are allowed in order to punish the defendant and deter others from engaging in similar conduct. Ordinary negligence on the part of a property owner is not enough to allow a plaintiff to recover punitive damages. Rather, most jurisdictions require proof of misconduct beyond ordinary negligence. This would usually mean proof that the defendant acted in a “wanton or intentional” way, which would include the “reckless disregard” of a known danger to the plaintiff’s health and safety. It is often difficult to establish conduct on the part of the defendant sufficient to allow recovery of punitive damages.
Q. Is it necessary to use expert witnesses to prove a premises liability case?
A. Expert witnesses are individuals specially qualified by experience or training who possess knowledge on matters not commonly understood by the general public. Experts can be used in premises liability cases when the experts’ testimony can educate the jury about matters not commonly understood by the general public. For instance, an expert might assist the jury in determining whether the property owner defendant complied with building codes and local ordinances. Experts would likely be necessary in some premises liability cases where particular issues are beyond the common understanding of a jury. Medical experts and economists are usually necessary as well.
Q. Can a property owner be liable for criminal acts which occur on the property owner’s premises?
A. In many jurisdictions, a property owner can be liable for criminal acts committed against a person on the property if the property owner knew or had reason to know that an attack by a criminal was likely. This might require that a plaintiff establish a significant period of criminal activity on or about the premises that would put a reasonable property owner on notice that security measures were necessary to protect property entrants. Such liability on the part of a property owner might also arise in a case where a specific individual has threatened to do harm to the property owner, or someone else on the property owner’s premises. For example, if a property owner knew that someone had placed a bomb on his property and failed to evacuate the premises, he might be liable for injuries and damages that occurred as a result of the bomb.
Q. How do I know whether I have a premises liability claim that should be pursued?
A. The best way for an individual to evaluate a premises liability claim is to discuss the matter with an attorney. An attorney will evaluate the matter through an investigation of the facts surrounding the potential premises liability claim, exploration of issues of “causation”, and assessment of the extent of injuries and damages resulting from the alleged “negligence” on the part of the property owner. Our firm handles such cases, and would meet with prospective clients to discuss and evaluate a potential premises liability claim.
Q. How do I know that you will do a good job on my case?
A. We believe that experience and results count. We have a commitment to getting an excellent result in every case we decide to pursue, and our track record and credibility are extremely important to us. We have handled a number of premises liability cases over the years, and have the experience and knowledge it takes to pursue such claims in an effective manner. Every case is different, however, and no result is guaranteed. All we can promise is our best effort and the benefit of our experience and resources on each and every case.
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you recieve compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
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We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
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