Steven A. Bagen | October 8, 2024 | Personal Injury
Premises liability law covers a wide range of accidents and injuries that occur on someone else’s property due to unsafe conditions or the negligence of property owners. These cases are among the most common types of personal injury claims, and they can result in serious physical harm, emotional distress, and financial strain. Whether you suffered an injury while shopping at a store, visiting a friend’s house, or staying at a hotel, you may be entitled to compensation if the property owner failed to maintain a safe environment.
Understanding the various types of premises liability accidents and the legal principles involved is important. However, all you need to know is that an experienced attorney can help file a premises liability claim and fight for the compensation you deserve. Reach out to a skilled premises liability lawyer near you today.
What Is Premises Liability?
Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their property and protect visitors from harm. When property owners fail to uphold this duty, and someone suffers an injury, they may be held legally liable for the injury. Premises liability laws vary by state, but in general, property owners must take reasonable care to ensure that their premises are free from hazards that can cause injury.
The level of responsibility a property owner has can depend on the type of visitor on their property. Visitors are typically categorized into three groups:
- Invitees: People who are invited onto the property for business purposes, such as customers at a store or tenants in an apartment complex. Property owners owe the highest level of care to invitees and must take proactive steps to keep the property safe.
- Licensees: People who are on the property with permission but for non-business reasons, such as social guests. Property owners must warn licensees of known dangers that may not be obvious.
- Trespassers: People who enter the property without permission. While property owners generally owe trespassers less duty of care, they cannot intentionally harm them. There are also special rules for children who may trespass due to attractive nuisances like swimming pools or playgrounds.
Premises liability accidents can occur in various settings, including residential properties, commercial establishments, public spaces, and rental properties. Below are some of the most common types of premises liability accidents.
Slip and Fall Accidents
Slip and fall accidents are among the most common premises liability claims. These accidents occur when a person slips, trips, or falls due to hazardous conditions on a property. Some typical causes of slip and fall accidents include:
- Wet or slippery floors (caused by spills, rain, or cleaning)
- Uneven or cracked flooring
- Loose or damaged carpeting
- Obstructed walkways
- Poor lighting in stairwells or hallways
- Snow or ice that hasn’t been cleared from walkways
Property owners have a duty to keep floors and walkways in a safe condition and to warn visitors of any potential hazards. For example, if a store has recently mopped its floors, it must put up warning signs to alert customers about the wet surface. If the owner or manager fails to address such hazards or does not provide adequate warning, they may be held liable for any resulting injuries.
Slip and fall accidents can lead to severe injuries such as broken bones, sprains, concussions, and back injuries. In severe cases, they can result in long-term disability or even death. Contacting a personal injury attorney is imperative if you’ve suffered an injury in a slip and fall accident. An attorney can help gather evidence, establish negligence, and hold the property owner accountable.
Trip and Fall Accidents
Similar to slip and fall accidents, trip and fall accidents occur when a person trips over an object or uneven surface and suffers an injury. Some common causes of trip and fall accidents include:
- Uneven sidewalks or pavement
- Raised or misaligned floor tiles
- Loose cables or wires
- Cluttered walkways
- Potholes in parking lots
- Poorly maintained steps or staircases
Trip and fall accidents are often preventable if the property owner regularly inspects and maintains the premises. Property owners must address hazards such as broken pavement, loose floorboards, and other obstacles that can cause someone to trip. If they fail to do so, they may be liable for any injuries that occur.
Trip and fall accidents can lead to a range of injuries, including fractures, head injuries, and soft tissue damage. These injuries may require extensive medical treatment and rehabilitation. A personal injury attorney can help you pursue compensation for your medical bills, lost income, and other damages if you’ve suffered an injury in a trip and fall accident.
Inadequate Security
Inadequate security is another type of premises liability claim that arises when a property owner fails to provide adequate security measures. As a result, someone is harmed by criminal activity. This type of claim is common in settings such as apartment complexes, hotels, parking lots, and commercial buildings. Some examples of inadequate security include:
- Lack of security personnel in areas prone to crime
- Poorly lit parking lots or common areas
- Broken or non-functioning locks on doors and windows
- Lack of surveillance cameras or other monitoring systems
When property owners are aware of potential risks or have reason to believe that criminal activity is likely, they must take steps to protect visitors. For example, an apartment complex in a high-crime area should provide working locks, security cameras, and proper lighting to reduce the risk of assaults or burglaries.
If you or a loved one has been the victim of a crime due to inadequate security, you may be entitled to compensation through a premises liability claim. A personal injury lawyer can investigate the circumstances of the incident and determine whether the property owner’s negligence contributed to the harm.
Dog Bites and Animal Attacks
Dog bites and other animal attacks are a common cause of premises liability claims. Property owners and pet owners are responsible for ensuring that their animals do not pose a danger to visitors. In many states, dog owners are subject to strict liability, meaning they can be held responsible for a dog bite even if the dog has no history of aggression.
Some factors that may lead to a dog bite or animal attack claim include:
- Failure to properly restrain or supervise a dog
- Allowing a dangerous dog to roam freely in public spaces
- Failing to warn visitors of a potentially aggressive dog
Dog bites can result in severe injuries, including lacerations, infections, nerve damage, and scarring. In some cases, dog bite victims may suffer long-term psychological trauma, especially if the attack was particularly violent. If you’ve been bitten by a dog or injured by another animal on someone else’s property, a premises liability lawyer can help you pursue a claim against the property owner or pet owner.
Swimming Pool Accidents
Swimming pool accidents are another type of premises liability claim, especially in cases where a property owner fails to implement proper safety measures. Swimming pools can be dangerous, particularly for young children, and property owners must take steps to prevent accidents. Common causes of swimming pool accidents include:
- Lack of fencing or locked gates around the pool area
- Absence of lifeguards or safety equipment
- Slippery pool decks or diving boards
- Inadequate pool maintenance, leading to unsafe water conditions
Children are especially vulnerable to drowning or near-drowning accidents, which can occur in just a few minutes. Because of this, property owners must install protective barriers, ensure proper supervision, and take other precautions to prevent accidents. If a property owner’s negligence leads to a swimming pool accident, they may be held liable for the injuries or fatalities that result.
Swimming pool accidents can result in life-threatening injuries such as traumatic brain injuries (TBI), spinal cord injuries (SCI), and oxygen deprivation. If you or a loved one has suffered an injury in a swimming pool accident, a premises liability lawyer can help you seek compensation for medical expenses, pain and suffering, and other damages.
Elevator and Escalator Accidents
Elevator and escalator accidents are another form of premises liability claim that typically occurs in commercial buildings, apartment complexes, and shopping centers. Property owners and managers are responsible for ensuring that elevators and escalators are regularly inspected and properly maintained to prevent accidents. Common causes of these accidents include:
- Malfunctioning elevators that suddenly drop or stop
- Escalators with broken steps or handrails
- Entrapment accidents where clothing or body parts are caught in moving parts
- Sudden jolts or stops caused by mechanical failures
Elevator and escalator accidents can result in serious injuries such as broken bones, head injuries, and crush injuries. In severe cases, these accidents can lead to permanent disability or death. If you’ve suffered an injury in an elevator or escalator accident, it’s essential to contact a personal injury attorney who can investigate the cause of the malfunction and determine whether the property owner’s negligence played a role or if there is another party who might be responsible for your injuries.
Toxic Exposure and Chemical Accidents
Toxic exposure and chemical accidents occur when a person is exposed to harmful substances such as asbestos, mold, lead, or hazardous chemicals. These accidents are common in older buildings, industrial settings, and rental properties where property owners fail to address environmental hazards. Common causes of toxic exposure include:
- Failing to remove or contain asbestos or lead-based paint properly
- Allowing mold to grow due to water damage or poor ventilation
- Exposing tenants or workers to hazardous chemicals without proper safety measures
Toxic exposure can lead to severe health conditions such as respiratory issues, cancer, neurological disorders, and chronic illnesses. In many cases, the symptoms of toxic exposure may not appear immediately, making it difficult to link the exposure to a specific incident. However, a personal injury attorney can help gather evidence, work with medical experts, and file a claim for damages if you’ve been harmed by toxic exposure.
What to Do if You’ve Been Injured in a Premises Liability Accident
If you’ve suffered an injury in any premises liability accident, there are several important steps you should take to protect your rights:
- Seek Medical Attention: Your health and safety should be your top priority. Seek medical treatment for your injuries immediately, even if they initially seem minor. Prompt medical attention ensures your well-being and creates documentation linking your injuries to the accident.
- Report the Incident: Notify the property owner, manager, or security personnel about the accident as soon as possible. Ask for a copy of any incident report and keep detailed notes of the incident.
- Gather Evidence: If you are able, take photos or videos of the hazardous condition that caused your injuries. Even if you can’t get pictures of the hazardous conditions, it’s possible they were captured by video surveillance, and your attorney can get the footage.
- Keep Records: Save all documentation related to your injury, including medical bills, treatment records, and any communication with the property owner or insurance company.
- Contact a Personal Injury Attorney: Premises liability claims can be legally complex, and property owners often have insurance companies and legal teams ready to defend against them. Working with an experienced personal injury attorney is the best way to ensure your rights are protected and you receive the compensation you deserve.
Contact a Premises Liability Attorney Today
Premises liability accidents can result in severe injuries that disrupt your life, lead to extensive medical bills, and cause emotional distress. Whether you’ve suffered an injury in a slip and fall, dog bite, swimming pool accident, or another type of premises liability accident, it’s important to understand your legal options. Property owners are responsible for maintaining safe premises, and when they fail to do so, they should be held accountable for the harm caused.
If you or a loved one has suffered an injury due to unsafe conditions on someone else’s property, don’t wait to take action. Contact an experienced personal injury attorney today to discuss your case and explore your options for seeking compensation. An attorney can guide you through the legal process, gather evidence, negotiate with insurance companies, and, if necessary, represent your interests in court.