A premises liability case is a type of personal injury claim. These cases differ from standard negligence cases, as they involve injuries that occur on the property of another person. These claims frequently occur at the premises of a business or government building. Some of the 30 million annual accident-related emergency room visits recorded by the Centers for Disease Control and Prevention (CDC) stem from premises liability claims.
If you have sustained injuries on property owned or operated by someone else, you might be entitled to recover monetary compensation for your damages. Your damages could include anything from medical bills to compensation for your physical pain. However, you must establish that the property owner failed in their duty to keep you safe from harm before you can recover compensation.
Types of Premises Liability Claims You Could File
There are numerous types of premises liability claims. While these cases are similar in that they involve hazards on another person’s property, they frequently involve very different fact patterns. Some situations that can result in a premises liability case include:
According to Canine Journal, there are approximately 800,000 emergency room visits related to dog bites each year. Most jurisdictions allow for a legal claim against the dog’s owner under certain circumstances. Some courts only allow these claims upon showing the dog owner was negligent, while other courts hold the owner responsible any time their dog injures someone.
Slip and Falls
The most common example of a premise liability claim involves a slip and fall accident. These claims can occur under various circumstances. For instance, a slip and fall could occur as the result of a slick surface, a dimly lit stairwell, or torn carpeting. Any hazard that leads to a fall could result in a viable damages claim.
While not as common as slip and fall accidents, negligent security claims are also a viable type of premises liability case. Negligent security involves an avoidable criminal act on the defendant’s property. These claims often occur in the common areas of apartment complexes. Any foreseeable criminal act that the owner fails to adequately attempt to prevent has the potential to lead to a negligent security claim.
Some conditions on the property of another person are inherently dangerous. In other cases, disrepair could result in serious risk of injury. Examples could include exposed wiring, abandoned wells, or falling objects. Property owners must make an effort to address these hazards or warn visitors of their presence.
Swimming Pool Injuries
Swimming pool accidents generally take one of two forms. In cases where the pool is filled with water, most claims involve drowning. Empty swimming pools often involve serious fall injuries, given how deep these pools can be.
These examples only make up a portion of the potential premises liability claims under the law. If you sustain injuries on another person’s property through no fault of your own, your injury could result in a viable claim for monetary damages.
Evidence Needed to Prove a Premises Liability Case
Proving negligence in premises liability cases can be challenging. It is not enough to demonstrate that you have sustained an injury on the property of another person. Your case must also make it clear that the property owner failed to take adequate steps to address the hazard that caused your injury.
Whether or not the property owner’s efforts were reasonable is important. For example, the amount of time the owner had to address a hazard will determine how reasonable their efforts were. A property owner that fails to respond to a dangerous hazard moments after it happens will not face the same degree of liability as one who ignores a dangerous hazard for weeks or months. In either case, the evidence used for premises liability claims may include:
- Photos of the area
- Your medical records
- Police reports
- Incident forms
- Insurance policies
- Employment records
- Witness testimony
Work with Our Attorneys on Your Premises Liability Claim Today
For anyone injured on another person’s property, a premises liability case could be a financial lifesaver. Potential compensation could pay your medical bills, replace your lost income, and compensate you for the physical pain you experienced from your injury.
The attorneys of Bernstein & Poisson can handle your case. Call today for your free consultation.