Do I have a case if I was injured on the premises of a business?

A person who is at a business with the owner’s knowledge and for the mutual benefit of both; i.e., a potential customer, is known as an invitee. As an invitee, the landowner owes a duty to exercise ordinary care to protect the visitor from risks the owner is aware of and those risks that the owner should be aware of after a reasonable inspection.

In order to be successful in a Premises Liability case, an invitee must prove:

(1) Actual or constructive knowledge of some condition on the premises by the owner/operator;

(2) The condition posed an unreasonable risk of harm;

(3) the owner/operator did not exercise reasonable care to reduce or eliminate the risk; and

(4) the owner/operator’s failure to use reasonable care proximately caused the plaintiff’s injuries.

This means when an owner/occupier has either actual or constructive knowledge of any condition on the premises that poses an unreasonable risk of harm, the owner/operator has a duty to take whatever action is reasonably necessary under the circumstances to reduce or to eliminate the unreasonable risk of harm to invitees from that condition.

If an invitee is injured as a result of the unreasonable condition, the owner/operator can be held liable for medical bills, the expense of future medical care, lost wages, loss of earning capacity, pain, mental anguish, disfigurement, and impairment. We understand that the injury has caused you physical, emotional, and economic harm. Although we can not undo the injury, we want to help you move on with your life!

A person who has been injured on the premises of another only has a limited amount of time to bring a claim. The longer you wait the higher the chance that evidence in your favor is lost. Stop waiting and call today!