Premises Liability
Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier of land has to protect entrants from dangerous conditions or defects on the property. Generally, the law provides that property owners must keep their premises reasonably safe for people who are on the property.
Property owners can be held liable for injuries caused by accidents that occur on their property. Every property owner is responsible for the safety of those who legally enter their premises. This includes residential property as well as property owned by businesses, vacant lots and other types of properties. If you have been injured while on someone else’s property you may have the right to recover for your physical injuries as well as any economic losses you incurred.
Premises liability accidents can occur nearly anywhere. Our firm has handled cases involving falls in stairway/stairwells, on sidewalks, parking lots, shopping centers/commercial property, and residential properties. There are numerous ways in which a premises liability claim may arise, including:
• “Slip and falls” which can result in serious injuries including broken bones, severe sprains, debilitating back injuries and other injuries from tripping or slipping due to negligent maintenance, construction defects, and design defects. These injuries are commonly caused by ice, holes in the ground, parking lot, or sidewalk, as well as missing railings, wet floors and spills, tears in rugs and uneven sidewalks.
• Retail accidents can cause customers to suffer serious injury when shelving collapses or products fall from shelves unexpectedly striking a shopper. This is commonly due to improper installation of the shelving or over-stocking of the shelves with heavy or bulky items. The majority of these injuries could have been avoided if the retailer would have taken the simple and necessary actions to prevent the incident.
• Dog bites can cause serious injuries that often include severe scarring, deep wounds that require reconstructive surgery, and possibly nerve damage. Owners are liable when a person is bitten by a dog or otherwise injured when chased or attacked by the animal.
• Assaults often occur in bars, hotels, parking garages, apartment complexes and other locations. Owners of the premises where the assault occurs may be liable for damages when patrons are physically or sexually assaulted in buildings or parking lots. Failure to provide adequate security can create a right to recovery. Common issues in assault related cases include inadequate security, insufficient lighting, failure to properly monitor the property, and/or negligently providing access and opportunity to the assailant.
Premises liability claims present their own problems and unique proof issues which can complicate the process of receiving proper compensation. Unlike a vehicle accident, where the cause of damage is apparent and liability is usually relatively clear cut, premises liability claims often present liability issues. This is because you not only have to prove that something on the property caused your injury, but that the owner of the property had notice of the existence of the thing on the property, which caused your injury.
Please contact our firm and we will hire the necessary experts and conduct a thorough investigation of your claim in order to prove that the landowner had notice of the condition and should therefore be liable for your injuries. Our attorneys are accustomed to the tactics used by the insurance companies in an effort to avoid financially compensating you for your injuries. You will have peace of mind knowing that your claim is being handled by an experienced attorney who will fight for your right to recovery.
