South Dakota Premises Liability Litigation
Current Information on Premises Liability Lawsuits in South Dakota
Premises liability litigation is a form of litigation that holds a land or property owner responsible for preventable injuries and harm caused on their property. Landowners are responsible for the safety of persons visiting their property, and can be blamed for torts, or civil wrongs, that are suffered on their premises because of their negligence. No one deserves to be injured or harmed when staying at a hotel, eating at a restaurant, or going to a party at an apartment complex. This page provides information for persons and the family members of persons South Dakota who have been injured or harmed on another’s property. South Dakota premises liability litigation serves to provide for medical expenses and losses of the plaintiff, and can pressure a property owner to increase security measures in order to future prevent crime.
The Legal Definition of Premises Liability Litigation
A property owner may be held accountable for harm, injuries, or criminal acts that take place on their property if they have a breach of the Duty of Care, are found to be Negligent, and/or committed a Wrongful Act.
- Duty of Care - a legal obligation of property owners to adhere to a standard of reasonable care in regards to an act that could reasonably harm others
- Negligence – failure to exercise the care that a reasonable person would demonstrate in a similar situation; unintentional, caused by carelessness
- Wrongful Act – an act that damages another person, physically or emotionally
In other words, a South Dakota property owner may be subject to premises liability litigation if a person is injured in an accident or incident that can be traced, at least in part, to a failure on their behalf to ensure safety.
Determining Liability
To determine who is liable in a premises liability litigation case in South Dakota, two main factors are considered:
First, did the owner/occupier of the property keep it safe? Owners (or in some cases, property occupiers) have a responsibility not to subject visitors on their property to an unreasonable risk of injury resulting from the design, construction, or condition of the property. If the owner knew or reasonably should have known about the unsafe condition, they may be held liable. Also, if they failed to repair the condition, repaired it in a way that did not fix it or that actually worsened it, or did not mark it or block it off, they may be held liable for the injury or accident. A common source of negligence in South Dakota premises liability cases is lack of lighting or adequate security personnel. If negligence caused the injury, a property owner or occupier may be to blame.
Secondly, the visitor to the property who was harmed while there must have used the property in a normal fashion. If the visitor did something abnormal, such as jumping down a flight of stairs, and was injured, the property owner/occupier may not be responsible as no negligence was involved.
South Dakota premises liability litigation may happen alongside a lawsuit against a third party, as in sexual assault or aggravated assault cases. The South Dakota property owner can be held responsible for their failure to provide adequate security or provide rapid response to an emergency. Persons who are harmed on such circumstances are not to blame for the incident; South Dakota property owners have a responsibility to keep visitors safe.
South Dakota Premises Liability Lawyers
With extensive experience in the realm of product and premises liability litigation, our attorneys are uniquely qualified to represent your family’s interests against property owners, large companies, and multi-national corporations. We bring compassion and sensitivity to our work when we represent individuals who have been victim to a violent crime or traumatic accident. Committing our extensive resources to preparing each South Dakota premises liability litigation suit for trial, we ensure the best results for our clients. Once entrusted with your case, our lawyers serving South Dakota will work tirelessly to bring a positive end to the trauma your family has suffered. If you or your family member was injured or harmed on another’s property, a South Dakota premises liability attorney can help by answering your questions and giving you a sense of your legal options.
South Dakota Premises Liability Litigation: Rape & Assault Lawsuits in South Dakota
If you or a family member in South Dakota has been harmed by a violent crime or a serious injury on private property, you may have grounds to file a premises liability claim or rape / assault lawsuit in South Dakota. This body of law exists to protect victim’s rights and hold property owners responsible for negligence or wrongful acts. Whether you have experienced an accident related to unsafe conditions or were the victim of a violent crime as a result of poor security, we believe your case deserves the utmost attention and effort. We provide legal representation for South Dakota premises liability assault & rape lawsuits on a contingency basis, meaning that we charge no fee unless we win compensation on your behalf.
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