Premises liability is a legal concept that holds property owners responsible for injuries that occur on their property due to unsafe conditions. This area of law ensures that individuals can seek justice and compensation when they are harmed because a property owner or possessor failed to maintain a reasonably safe environment. Premises liability cases aim to hold negligent property owners accountable.
In this article, we’ll explore what premises liability is, the types of incidents it covers, and the legal elements needed to prove a claim. You’ll also learn how to file a premises liability claim, the role an attorney plays in your case, and answers to frequently asked questions. By understanding your rights, you’ll be better prepared to take action if you’ve suffered an injury due to unsafe property conditions.
Common Types of Premises Liability Cases
Premises liability encompasses various types of accidents that can occur on private, public, or commercial properties. Here are some of the most common examples:
Slip and Falls
Slip and fall or trip and fall accidents are the most recognized premises liability claims. These incidents often occur due to hazards such as wet floors, uneven sidewalks, loose carpeting, or poor lighting.
Inadequate Security
Property owners may be held liable if inadequate security leads to crimes like assaults, robberies, or other injuries. This is especially relevant for businesses, apartment complexes, and hotels where visitors rely on reasonable safety measures.
Dangerous Animals
When a property owner’s negligence leads to a dog bite or other animal attack, they may be held responsible under premises liability laws. This is especially true if the animal has a history of aggression.
Other Examples
Additional premises liability cases include injuries or illnesses caused by unsafe construction zones, falling objects, malfunctioning elevators, or exposure to hazardous substances like mold or toxic chemicals.
Elements of a Premises Liability Claim
To succeed in a premises liability case, the injured party must establish specific legal elements that demonstrate the property owner’s responsibility. Each element builds the foundation for proving negligence and securing fair compensation.
Duty of Care
Property owners owe a duty of care to visitors, which varies based on the visitor’s legal status (e.g., invitee, licensee, trespasser). For example, invitees, such as customers in a store, are owed the highest standard of care, requiring owners to actively inspect and repair hazards. Trespassers, on the other hand, are not owed a duty of care, except in cases involving intentional harm or in certain cases involving children.
Breach of Duty
A breach occurs when the property owner fails to fulfill their duty by neglecting to address unsafe conditions. This could include failing to repair broken stairs, neglecting to post warning signs for wet floors, or ignoring routine maintenance. Proving a breach often requires showing that the property owner knew or should have reasonably known about the hazard.
Damages
The injured party must show they suffered damages such as medical bills, lost income, or pain and suffering as a result of the unsafe condition. These damages can also include future costs, such as ongoing medical care or diminished earning capacity, if the injury has long-term effects. Non-economic damages, like emotional distress, may also be recoverable in severe cases.
Causation
The unsafe condition must directly cause the injury. This means proving that the injury wouldn’t have occurred if the property had been properly maintained. For example, if a visitor slips on an unmarked wet floor and breaks their wrist, they must demonstrate that the fall was directly due to the owner’s failure to address or warn about the hazard. Without this link, the claim may not hold up in court.
How To File a Premises Liability Claim
Filing a premises liability claim involves several key steps to build a strong case:
- Document the Scene: Take photographs of the hazard, your injuries, and the surrounding area. Collect witness contact information if possible.
- Seek Medical Attention: Obtain prompt medical care and keep records of your treatment, as these documents will be crucial in your claim.
- Report the Incident: Notify the property owner or manager about the accident. File a formal incident report if possible.
- Consult an Attorney: An experienced premises liability attorney from The Wolf Pack® can guide you through the legal process, gather evidence, and negotiate with insurance companies.
How Can an Attorney Help Your Claim?
Premises liability claims can be challenging to navigate, especially when property owners or their insurers deny responsibility. A skilled attorney, like Phillip S. Georges, can:
- Investigate the incident and gather valuable evidence, such as surveillance footage, maintenance records, and witness statements, to build a strong case on your behalf. This evidence can help demonstrate the property owner’s negligence.
- Establish the property owner’s negligence and liability by connecting their failure to maintain a safe environment with the conditions that caused your injury. This involves proving the owner knew or should have known about the hazard.
- Handle communication and negotiation with insurance companies to ensure you are not pressured into accepting a low settlement. Your attorney will advocate for your rights and fight for maximum compensation.
- Represent you in court if a settlement cannot be reached, presenting compelling evidence and arguments to secure a fair outcome.
Hiring a premises liability attorney significantly increases your chances of obtaining fair compensation for your injuries. At Phillip S. Georges, PLLC, we work on a contingency fee basis, meaning you don’t pay us unless we win your case. Additionally, we offer free case reviews, so you can explore your legal options with no upfront cost or obligation.
Frequently Asked Questions
Victims can recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and, in some cases, punitive damages. Compensation may also cover future costs like ongoing medical care or diminished earning capacity if the injury results in long-term consequences.
Negligence is proven by demonstrating the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to address it. This often involves gathering evidence like maintenance logs, surveillance footage, and witness testimonies to establish the owner’s awareness of the hazard.
Premises liability refers to a broader category of cases where injuries occur due to unsafe property conditions, while slip and fall is a specific type of premises liability case. Other examples of premises liability include dog bites, inadequate security, or injuries from falling objects, which go beyond slips and trips.
Slip and fall cases can be challenging because the burden of proof is on the victim to show negligence. Strong evidence and qualified legal guidance can make a significant difference.
Get the Legal Support You Need For Premises Liability
Understanding what premises liability is can help you recognize your rights and take action after an injury caused by unsafe property conditions. Whether you’ve experienced a slip and fall or another type of premises-related injury, The Wolf Pack® is here to guide you through every step of the legal process. Contact us today for a free consultation and let our premises liability attorneys in Tennessee, Wisconsin, Virginia, Arizona, and Kentucky fight for the justice and financial recovery you need to move forward.
