What does "premises liability" really mean?
Yesterday, we talked about the case of a woman who'd been so badly treated at a hair salon that she had to abandon her dreams of being a model. Some time ago, we'd talked about a case where a man slipped and fell on a patch of ice that hadn't been properly cleaned up. While the circumstances of these cases are very different, they can both fall under the umbrella of "Premises liability."
How can two different cases fall under the same category? There are actually three simple things that must be true for a case to become one of premises liability:
1. The person being sued (known as the defendant) must own the business or land where the accident happened. In the case of someone slipping on untreated ice, the person responsible for that sidewalk would be the defendant. In the case of our model with the bad hair treatment, the person who owns the salon is the one responsible.
2. The person seeking compensation (known as the plaintiff) must have been invited or allowed on the premises. This is important because trespassers are not typically protected under premises law.
3. Finally, there must be some sort of negligence or action on the part of the property owner that causes harm to the plaintiff. A perfect example would be our would-be model. The employee that treated her hair was on drugs, and when the manager realized this he called her only to extend a half-baked apology. Had the manager been monitoring the situation more closely, that entire problem could've been avoided.
So now that you know what falls under "premises liability," does this sound like something that's happened to you? If so, we can help. You can submit a quick application right now, give us a call at (866) 587-4320, or send an e-mail to firstname.lastname@example.org - we want to hear from you, and would be happy to go over the unique details of your case.