Premises liability is a term used to describe the legal responsibility of a landowner and occupiers of a property to ensure the property is safe and properly managed, and warn anyone who enters of any unsafe conditions. Potentially unsafe conditions on the property include: uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, insufficient lighting, and improper signage, for example. When an accident or injury occurs to a visitor or tenant living on someone else’s property, the owner may be liable if it can be proved that negligence caused the accident. Premises liability accidents may occur inside or outside a building, and make occur at a commercial building, home or public property. If you have been injured on someone else’s property and you believe negligence was the cause, you may be eligible to file a lawsuit and recover the costs associated with your pain, disfigurement, emotional distress, disability, lost earnings, and medical bills.
Some common types of premises liability cases include the following scenarios:
Slip and Fall: A supermarket fails to mop up a wet floor, and a customer slips and falls as a result.
Inadequate Maintenance: A land owner fails to maintain the premises in such a way as to avoid injury to the public, such as when a falling tree branch injures a passerby.
Defective Conditions: A store owner fails to repair or warn of a dangerous condition on the premises, such as a broken staircase.
Inadequate Security: A parking structure company fails to install adequate lighting or warn patrons about dangerous criminal activity taking place on the premises.
Determining Fault in a Premises Liability Case
To determine who is responsible for a premises accident, there are two basic rules. The owner must keep the property safe, and the visitor must use the property normally. This means that, for example, if a visitor decides to slide down a stairway on the handrails and gets injured as a result, the owner is not held liable. Premises liability cases can become complex when the owner and occupier of a property are different, as the rules for who is responsible for an accident depends on the type of property and other factors. Plaintiffs in a premises liability case must be able to prove that property owners failed to maintain the property or created unsafe conditions that led to the accident, knew about the unsafe hazard but did not alert visitors or took action or neglected conditions that led to damage to a neighboring property.
Contact Agruss Law Firm, LLC, Today
If you have been injured on someone’s property, contact Agruss Law Firm, LLC, for a free consultation. We are a law firm representing individuals and families who have suffered an injury or loss due to an accident. Agruss Law Firm, LLC, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you. Lastly, Agruss Law Firm, LLC, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us—just the opportunity to seek justice.