Slip and fall accidents, dog bites, and even inadequate security on a premises can lead to victims suffering serious injury due to no fault of their own. The concept of premises liability usually comes into play in these types of cases. A personal injury lawyer can help you understand how premises liability may apply in your case and determine whether you have cause to bring a claim.
What is Premises Liability?
Business and property owners have a duty to keep their premises in a safe condition. Like most personal injury claims, premises liability claims are based on negligence, which means that a property owner failed to practice reasonable care to prevent or address dangerous conditions. When a property owner fails to properly maintain or repair dangerous conditions or provide a warning of them, they may be liable if someone is injured. However, merely because you are injured on someone else’s property does not mean they are responsible for damages.
Proving Fault in a Premises Liability Claim
To prove a premises liability claim, you must show that the business or property owner was aware of the unsafe condition but failed to resolve the situation. A good accident injury lawyer will know how to prove all the elements required to bring a successful premises liability claim, including:
- That the property owner owed you a duty of care
- That the owner or business breached that duty by neglecting to act with reasonable care to prevent or warn of hazardous conditions
- That their negligence led to injury or harm
- That you suffered damages or losses due to your injuries
If you are considering pursuing a premises liability case, it is important to choose an experienced PI attorney who knows how to bring all of these elements together to prove negligence and build a solid claim for damages.
Types of Premises Liability Cases
Premises liability claims can arise from many different circumstances. Some of the most common types involve:
- Slip, trip, and fall accidents, which are often caused by uncleared ice or snow, spills, leaks, loose rugs or carpet, and damaged concrete and stairs.
- Falling objects in retail stores, warehouses, and on construction sites
- Dog bites
- Swimming pool injuries and drowning
- Elevator or escalator failure
- Fires and explosions
- Toxic substance exposure
- Lack of security
- Inadequate maintenance and defective conditions on the property
- Failure to warn of known hazards
How a Premises Liability Attorney Can Help
Depending on the circumstances, bringing a premises liability claim on your own can result in a minimal settlement or no compensation at all. Insurance companies often try to downplay the severity of a victim’s injuries or place blame on them for what happened. A knowledgeable premises liability lawyer can evaluate your case and give you an honest assessment of the options that may be available to recover compensation for damages such as medical expenses, lost wages, and pain and suffering.
Most personal injury lawyers offer a free initial consultation, so you really have nothing to lose if you contact an attorney about your case. If you do have a viable claim, your lawyer can fight to help you recover the maximum compensation you need and deserve.