What is a Premises Liability Case? Understanding Your Legal Rights
Have you ever slipped and fallen on a wet floor in a grocery store or tripped on a poorly maintained sidewalk? Have you ever suffered an injury while using faulty equipment in a gym? If so, you may be entitled to compensation for your damages.
Premises liability is an area of law that deals with injuries that occur on someone else’s property. Property owners have a legal obligation to ensure that their premises are reasonably safe for visitors and guests. When property owners fail to fulfill this duty, they may be held liable for any injuries or damages that occur as a result.
What is a Premises Liability Case?
A premises liability case is a legal claim that arises when a person is injured on someone else’s property due to the property owner’s negligence or failure to maintain safe conditions. Premises liability cases can occur in a wide range of settings, including:
- Retail stores
- Apartment buildings
- Office buildings
- Construction sites
When a person is injured on someone else’s property, the property owner may be held liable for the injury if they were negligent in maintaining safe conditions on the property.
What do we mean by ‘negligence?’ Well, negligence can include:
- Failing to repair a dangerous condition on the property
- Failing to warn visitors of potential hazards on the property
- Failing to provide adequate security measures to prevent crimes on the property
Types of Premises Liability Cases
There are several types of premises liability cases, including:
Slip and Fall Incidents: This is the most common type of premises liability case. Slip and fall incidents occur when a person slips or trips on a hazardous condition, such as a wet floor, or uneven pavement.
Negligent Security Cases: Property owners may be liable for injuries that occur as a result of inadequate security measures, such as insufficient lighting or broken locks.
Swimming Pool Incidents: Property owners who have swimming pools have a duty to ensure that the pool area is safe for visitors. They may be held liable for injuries that occur as a result of inadequate safety measures, such as a lack of fencing or a failure to provide proper warnings.
Elevator and Escalator Accidents: Property owners who have elevators or escalators have a duty to ensure that these devices are properly maintained and safe for visitors.
How do you know if you have a case?
If you have been injured on someone else’s property, you may be wondering if you have a premises liability case. To determine if you have a case, you will need to establish the following:
- You were lawfully on the property at the time of the accident.
- The property owner had a duty to maintain safe conditions on the property.
- The property owner breached that duty by knowingly failing to maintain safe conditions on the property.
- The breach of duty caused your injuries.
If you can establish these elements, you may have a premises liability case. However, it’s important to note that each case is unique, and the specific facts of your case will determine whether or not you have a claim.
Steps to Protect Yourself in Case of Incidents or Injuries
While you can’t prevent incidents or injuries from occurring, you can take steps to protect yourself in case of such incidents. Here are some tips to keep in mind:
Document the Scene: Make sure to document the scene as thoroughly as possible. Take pictures of the area where the accident occurred, including any hazards or dangerous conditions that may have contributed to the incident.
Seek Medical Attention: Even if you don’t think you are seriously injured, it’s important to seek medical attention after an incident or injury.
Report the Incident: Report the incident to the property owner or manager as soon as possible. Ask for a copy of the incident report and keep it for your records.
Contact an Attorney: If you believe you have a premises liability case, it’s important to contact an experienced attorney who can help you navigate the legal system and protect your rights. An attorney can also help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
At the Rodd Firm, we specialize exclusively in personal injury cases, often handling complex premises liability cases. Questions? Call us today at (229) 421-7777, and in the meantime, download our free guide to learn about the 5 biggest mistakes people make when they are injured by clicking here.