Premises Liability and Product Liability Law: Establishing Facts to Prove the Cause of Injury

by | Jul 27, 2015 | Personal Injury Lawyer

Property that’s open to the public is expected to be in reasonably safe condition so the guests aren’t exposed to perils. Some property owners don’t maintain their land as they should be or don’t take care of hazardous conditions on the premises in due time. Visitors on that property are subjected to injury. When people are physically harmed from safety hazards on the property, they have the right to file a premises liability lawsuit.

Usually only the person or people who own the property are liable in premises liability law. Employees or merchants can’t be held responsible for the condition of the property. If a defective area has signs and barriers clearly stating that guests stay clear and someone ignores those warnings, the property owner is not liable for injuries. A lawyer is helpful in premises liability cases because some states blindly put trust in owners’ testimonies. When it seems like the legal system is giving the property owner favourable treatment, the injured person may have to put more energy into proving the owner is being deceptive. Eyewitnesses, pictures, and inspections of the property go a long way in premises liability cases. Those defending the property owner may try to say the condition of the property is fine and the invitee caused the injuries alone. The job of a lawyer is to establish facts and prove the owner is making false claims. Learn more at Lawrz.com.

People can also get hurt from defective products released to the market. These are tangible products purchased to provide some benefit to the buyer. Pharmaceutical drugs and merchandise with perilous defects fall under product liability. Drug companies may manufacture a product and omit dangerous side effects or give inaccurate instructions for safe use. Injuries can occur from merchandise manufacturing defects, erroneous instructions for safe use of a product or failing to list warnings. In these cases the manufacturer or founder of the product can be liable. It all depends on who caused the defect. The manufacturer is held accountable for flaws in the manufacturing process. The founder is accountable if there is a design flaw that originated from the prototype. Lawyers assist in product liability claims by revealing which group involved in creating the product is responsible for the flaw. A lawsuit or acceptable settlement is pursued by the plaintiff.

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