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What is premises liability?

On Behalf of | Jan 25, 2023 | Personal Injury |

The concept of a personal injury lawsuit is quite simple: if you are injured due to another party’s negligent, reckless or intentional conduct, that party may be court-ordered to pay you financial compensation for your injuries. Of course, it isn’t always as simple as that. There are different areas of personal injury law, one of which is known as premises liability.

So, what is premises liability? In short, it is an area of personal injury law that covers injuries that occur because of a dangerous property condition or a failure to warn of a dangerous property condition.

The “premises” part of the term refers to the property in question, while the “liability” part refers to the responsibility of the property owner to make sure the property is safe or, if there is a dangerous property condition present, to warn those who may be on the property of the danger.

More complicated still

Starting from that basic concept, premises liability cases can become more complicated. The person who was injured must be considered – was that person lawfully on the property to begin with? An invited guest? A trespasser? These factors may make a difference in the case.

And what about a failure to warn? Is a “DANGER” sign enough? A verbal warning?

Like any personal injury case, the facts and circumstances of a premises liability claim will be different in every instance. However, the elements of duty, breach, causation and damages are always a part of any personal injury case, including premises liability claims.

If you have been injured on another person’s property, you may want to have the potential facts of your claim analyzed to see if Montana’s premises liability laws apply to your situation.


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