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Foreseeability and Reasonableness in Premises Liability Claims

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Premises liability concerns an area of personal injury law related to victims’ losses that are associated with accidents on other people’s properties. For example, when a Parker resident slips in a parking lot that has not been ice treated, they may have a claim against the owner of that property. Similarly, a victim who falls on a friend’s interior stairs due to loose or unsecured rugs may also have a premises liability claim.

There are several elements that must be proven in order to prevail on premises liability claims and this post does not offer legal advice on how to do so. Individuals who have suffered losses due to the negligence of others can speak with attorneys to better understand their own rights and options for seeking the recovery of their damages.

However, two elements often change the interpretation of premises liability claims are foreseeability and reasonableness. Foreseeability is significant because accidents that occur in unforeseeable ways may not be covered under premises liability law. Additionally, property owners who take reasonable precautions to protect those who enter their properties may also be protected from liability.

A foreseeable accident is not one that is guaranteed to occur, but rather one that is not surprising if it does happen. It is foreseeable that a person may slip on an untreated and icy sidewalk, and therefore preventing such an incident from occurring may fall to the responsibility of the property owner.

In such a situation a reasonable property owner may de-ice, shovel, or sand their sidewalk to prevent falls and slips. A property owner who takes reasonable and appropriate precautions may have some defenses to allegations of negligence in personal injury cases.

Legal guidance is not offered in this post and all its contents are informational. Should a reader require help to understand their possible claims or options they are encouraged to contact their trusted personal injury attorneys.

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