Premises Liability

The laws surrounding the liability of a property owner can vary widely depending on the situation, but in general the victim must establish certain parameters in order to prove that the landowner is liable for the injuries in question. Among these, the victim must prove that the injury must have been caused by an issue on the premises, the owner must have known about the issue, and the owner failed to take action to correct the issue before the injury occurred. Adequately establishing these facts can be more challenging than it appears, but an experienced attorney knows exactly how to approach this burden of proof.

Although small accidents may come to mind when thinking about what causes injuries at a local store or business; however, serious injuries can be inflicted if a property is not carefully maintained. Injuries sustained on another’s property can be relatively minor such as cuts and bruises, or they can be much graver and include neck and back injuries, spinal cord injuries, traumatic brain injuries (TBIs), broken bones, and paralysis.

Slip and falls are some of the most common personal injury accidents. Whether there is a spill in the grocery store or an uneven sidewalk, falls can cause serious injuries. Property owners have a certain responsibility to provide a safe environment to any visitors to the property, so when they fail to uphold this responsibility, they can and should be held responsible. These types of accidents can happen not only at a business, but also in apartments, other residences, public properties, or anywhere unsafe conditions exist on a property.

Property owners have a responsibility to ensure their properties are safe for visitors. While some locations – like those under construction – have obvious dangers, even seemingly innocuous properties like apartment complexes can be extremely dangerous when things like tools and buildings are not properly maintained. Regardless of the type of property, providing the necessary maintenance can mean the difference between life and death.

Depending on the type of property, various items may require regular maintenance to remain safe. For example, in commercial buildings some of the most common items that need to be regularly maintained include elevators and escalators, automatic opening doors, handrails, stairs, walkways, smoke detectors, and door hinges. If something is broken and cannot be fixed immediately, this needs to be communicated to guests with proper signage and caution notices. Businesses also need to be mindful of keeping adequate security measures in place. If a property does not employ suitable security systems, such as cameras and lighting, visitors could be subject to unreasonable risks, especially in dangerous areas such as parking garages.

While most residential properties don’t house things like elevators and escalators, they do have their own unique risks for visitors. The most common items requiring regular maintenance on a residential property include balconies and railings. When handrails, guards, and balconies are not maintained, they can wear down over time and may cause visitors who lean on them to fall. Homes also have pools, fences, plumbing and electricity systems, and trees or other large landscape items that require regular upkeep.

After an accident, depending on the injury, victims can face an economic burden including extensive medical bills and lost wages. Getting back on one’s feet can be extremely challenging, but with the help of an experienced slip and fall accident lawyer, the victim can obtain compensation for their injuries.