A property owner has a certain legal duty to protect people who are on their property. If they fail to meet these responsibilities, the law can hold a property owner responsible through a premises liability case. A premises liability case is a lawsuit where one party is seeking justice for an injury they sustained that was caused by a dangerous condition on someone else’s property.
If you were injured on someone else’s property, being aware of the legal protection you have available to you is vital. Below are some types of premises liability accidents that are frequently handled in a premises liability lawsuit. Knowing these common premises liability cases will help you get the protection you deserve if you suffer a personal injury from a slip and fall or other type of injury that is covered under premises liability law. Contact our skilled personal injury attorney for a consultation.
When a property owner brings someone to their property through an express or implied invitation, they have a legal liability to take reasonable care to prevent injury to those people. That includes preventing slippery conditions that could cause a slip and fall. If there is an area with slippery surfaces, they need to warn visitors about these unsafe conditions so that necessary action can be taken.
Negligent property owners may be held liable for slip and fall accidents that occur on their property. If an injured person can prove that it was negligence on the part of the property owner that led to the damages they suffered, they may have grounds for a personal injury case so that they can pursue justice for the fall accident they were involved in.
2. Tripping on Loose Flooring or Uneven Sidewalk
Along with slip and fall accidents caused by wet or otherwise slick surfaces, another unsafe condition that can frequently lead to a premises liability claim is irregular flooring or sidewalks. Whether in an interior area of the property or outside, property owners have a responsibility to provide upkeep that ensures the area is reasonably safe and is not likely to cause injury.
An injured person who falls on poorly maintained floors or sidewalks can benefit from the assistance of an experienced premises liability attorney. Using the experience this professional brings to the table, they will have assistance navigating the complexities of liability cases so that they have the best chance of a favorable outcome for their case.
3. Dog Bites
Another common type of premises liability claim is a personal injury that arises from a dog bite or other animal attacks. These upsetting incidents can lead to serious injury, both from the trauma suffered during the attack and from potential health concerns that can result from contact with an animal.
The justice system can hold a property owner liable for these types of premises liability accidents. If you or a loved one suffered from a dog bite or other type of animal attack, reach out for legal assistance so you do not have to suffer alone.
One of the most common types of premises liability claims are for injuries that occur at a swimming pool. Poorly marked shallow areas, foreign objects floating in the pool, and failing to provide adequate cleaning that prevents disease vectors from spreading are all factors that a property owner may be liable for.
Inadequate security can also be a factor in injuries that occur at a pool on another’s property. If the injured party suffered as a result of a pool owner’s failure to properly secure the premises, they may be entitled to compensation from the pool owner.
When people do not exercise proper caution and diligence, parking lots can be dangerous places. Anything from minor damage to catastrophic injuries can occur if a driver backs out of a spot at the wrong time. An accident caused by a hazardous condition that the property owner can be held responsible for, such as the driver’s view being blocked by low-hanging signage or other obstructions, is a common cause for premises liability lawsuits.
An owner or property manager of a parking lot may be open to premises liability claims if they fail to maintain safe conditions in the lot. Security footage and witness testimony are useful forms of evidence that can back up your account of what occurred in the parking lot. This type of evidence is often time-sensitive, so it is important in premises liability cases to start working towards justice as soon as possible.
6. Toxic Fumes
A property owner who keeps dangerous safely within their home or business is held to a strict standard under the law to handle those materials safely. Mishandling can result in the releasing of toxic fumes, which can be dangerous or even fatal to people who breathe them in.
Dangerous conditions caused by fumes, particularly if the property owner knew about the fumes that were present, can be grounds to seek compensation and recover damages for what you suffered. A legal team familiar with premises liability accidents can help you get compensation for medical expenses and other damages incurred.
Injuries and liability lawsuits are not often on someone’s mind when they are visiting an amusement park, but accidents at these locations are an all too common fact in personal injury cases. The property owners of amusement parks have a duty to exercise reasonable care to provide safe premises to guests at the park.
Liability accidents resulting from injuries at amusement parks can be caused by a number of factors. Unsafe conditions caused by negligent staff or poorly maintained equipment are just some of the circumstances that will be weighed during the course of a case.
Safety should be the top priority of any professional in the construction injury. But the unfortunate truth is that the rigorous standards that are supposed to be in place on a construction site are not always met. This can lead to injury for people passing through the vicinity, or even those who happen to simply be nearby the construction site.
Premises liability cases can help those who suffer injury on a construction site. Whether the injury resulted from dangerous areas that were not adequately marked, from equipment that was not properly secured, or from any other source, working with a lawyer is the best avenue you have to fight back and ensure your rights are protected.
9. Childcare Facility Injuries
Injuries to children are some of the most horrific events that can occur in one’s life. These injuries are even more painful when they occur as a result of negligence on the part of someone you trusted your child with. Knowing the protections you have from premises liability accidents that result in the injury of your child is vital to setting things right after this unsettling event.
A property owner of a childcare facility needs to provide safe conditions for the staff and students on the property. Proving that their failure to do so resulted in the injury of your child will give you the basis you need for a successful premises liability case.
10. Falling Objects
It only takes a moment of negligence to cause a serious injury. A property owner who carelessly drops an object from a rooftop, window, or other high vantage point may be open to a premises liability case if that object causes an injury.
Proving the circumstances that led to an injury caused by a falling object is vital to the success of your case. Eyewitnesses or cameras from nearby property can be helpful sources of evidence in supporting your claim.
11. ADA Violations
While certain premises liability cases may fall under relevant state law, there are also certain legal protections that all Americans enjoy under federal law. The Americans with Disabilities Act, otherwise known as the ADA, is one of these protections. This law requires property owners to make specific accommodations for disabled people so that they have equitable access to the goods and services everyone else has.
An injury that resulted from a lack of proper disability accommodations should be brought to the attention of a premises liability lawyer. A legal expert familiar with the ADA and the protections it affords disabled people will be able to know what steps need to be taken to get justice for this wrongdoing.
How a Premises Liability Lawyer Can Help
Assessing Your Premises Liability Case
Knowing how strong of a case you have at the onset will let you set the correct expectations and make a decision on how to move forward. A free consultation with an experienced premises liability lawyer will give you an honest, objective assessment of the merits of your case.
Communicating with Insurance Providers
Settling an injury almost always involves extensive dealings with insurance providers, both your own provider and the provider of the person whose premises you were injured on. This constant back-and-forth can be a tiresome headache. A lawyer can help alleviate your burden by acting as your liaison with representatives from the insurance companies.
Providing Knowledge of an Experienced Lawyer
While every person has a right to represent themselves in court, the fact is that most people are not familiar with premises injury law. That lack of familiarity can be the decisive factor in whether or not your case is successful. Hiring assistance from an experienced premises liability lawyer with an extensive background in premises injury law will give you access to the resources you need to make your case a success.
Helping You Gather Evidence
Proving your case requires putting together a comprehensive body of evidence, and a lawyer can assist you with that. They can assist with everything from gathering documentation to recommending experts to call in as witnesses, so your case is as strong as possible.
Developing a Legal Strategy
Every case is unique, with specific circumstances and relevant laws that distinguish it from other instances where someone was injured. That makes the individual strategy a premises liability attorney can help you develop an asset that will serve you well in pursuing the justice you deserve.
Getting You the Full Value of Your Claim
You deserve the full extent of compensation for the pain and suffering you suffered as a result of your premises injury case. This can include everything from medical bills that directly resulted from the injury to psychological damages and lost income from missed work and more. A lawyer can assess your situation so that no corners are cut in delivering the justice you are entitled to under the law.
If you were injured on someone else’s premises, it is important that you act fast to get the justice you deserve. Contact a lawyer so they can provide guidance on what the proper next steps for you to take are. Call Holman Schiavone, LLC today at 816-399-5149 and one of our representatives will help you figure out the steps you need to take to get justice!