Premises Liability cases, occur when negligence of repair or upkeep on the part of a property owner or property maintenance service results in injury or death. Most states require property owners to maintain their premises so that anyone visiting, living at, or working on the property is not under undue risk to health or life.
Examples of how slip and fall or premises liability cases may arise:
- Falling due to wet or slick surfaces
- Trips and falls resulting from unsafe property conditions
- Construction site accidents
- Assault by employees or business patrons
- Falling down broken stairs
- Drowning in a pool or hot tub
- Burns from fire, explosion, or extremely hot equipment
- Lacerations from broken glass or sharp metal edges
- Dog attack
- Roof cave-in
Any type of commercial or residential space or building can present dangerous conditions and the potential for injury. Devastating incidents occur at shopping malls, grocery stores, government buildings, commercial facilities, theatres, apartments, and private homes.
Property owners have a responsibility to provide adequately safe conditions for visitors, employees, and residents while on their property. If they fail to do so, property owners can be held financially accountable for accidents and injuries that occur on their premises. Not all accidents lead to valid injury claims, but if you have suffered an injury on someone else’s property, you should inquire about your legal rights and options by consulting a lawyer.
What to Do if You Have Been Injured on Someone Else’s Property
If you are injured because a property owner or a business establishment fails to provide a safe environment, you may have a right to bring a claim for damages incurred due to your injury. In many cases, these damages include pain and suffering, medical expenses and lost wages.
If you are involved in a slip, trip and fall accident, you should:
- Seek medical attention if necessary
- Refrain from making any statements concerning fault
- Obtain the names of the property owners and/or managers
- Secure the names and contact information of witnesses
- Photograph the scene and your injuries
- Set aside the footwear and clothing you were wearing at the time
In general, property owners cannot be held liable if they were not aware of the dangerous conditions that resulted in an injury or accident. However, commercial property owners are required to inspect and properly maintain their properties, and therefore typically cannot claim they didn’t know about dangerous conditions on their property. To determine liability in this case requires demonstrating that the hazardous location was not inspected within a reasonable amount of time.
If an unsafe condition on a property is clearly visible and avoidable it is the responsibility of the visitor, resident, or employee to observe it and respond accordingly. In addition, while property owners do have to warn visitors of slippery or unsafe conditions whenever possible, they do not have to warn of hazardous conditions that are so obvious that any reasonable person would observe the condition as potentially dangerous.
How Can the Jaeger Firm, PLLC, Help?
Slip-and-fall accidents that result in injuries such as sprains, strains, lacerations, bone fractures, traumatic brain injuries and spinal cord damage can lead to time away from work, lengthy hospital stays, complicated surgeries, weeks or months of physical therapy, and pain and suffering.
If you have been injured due to the negligence of an property owner, our attorneys will work with medical and occupational specialists, as well as insurance companies to pursue as much compensation for past and future medical expenses, loss of income, and pain and suffering as possible.
Call our office today if you have been injured as a result of a premises liability accident. We can help you determine if you are entitled to financial support and compensation as a result of your injuries.