Premises Liability Attorney
The standard of proof for premises liability cases is very high. The attorneys at Wenholz | Dow enjoy these cases because they often go to trial. Our lawyers stay abreast of the latest developments in premises liability law so we can provide the best possible representation to our clients.View transcript
A premises liability case is it falls under the umbrella of personal injury, and they're a little bit unique. They're sometimes referred to as a slip and fall case, even if there was no slip involved. And what it is it's an action against the owner of premises or the possessor of premises by somebody who's been injured at those premises. Premises liability cases are one of the most difficult types of personal injury cases because the threshold, the standard of proof is so much higher. Unlike a car wreck case, a rear-ender, where it's just negligence, in a premises liability case, you have to prove several things. One of which is if there was an unreasonably dangerous condition. Not a dangerous condition, but an unreasonably dangerous condition that caused the injury and that the plaintiff did not or should not have known about. So those cases tend to get tried more often than car wreck cases, and that's one thing that we enjoy about them. The law is changing, not infrequently, in the area of premises liability. You have to keep up with it. The Supreme Court makes rulings on it, it seems like at least several times a year, changing, tweaking the standards, and you have to keep up to date with that. As I said before, the threshold to be successful in a premises liability case is extremely high. And the Supreme Court has continually made that even higher and harder. In a premises liability case, you typically need some type of an expert, whether it's a professional engineer or something in that area, to come in, review the premises, look at the premises, whether it's the floor, whatever, and come to a conclusion. And have a report and be ready to testify.