Premises Liability
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Generally, a property or business owner who opens up his or her property to others must make that property or business establishment safe for guests. When an owner or operator fails to take necessary steps to protect others from harm, that owner or operator can be held liable for monetary damages. Our experienced Slip & Fall accident attorneys are dedicated to ensuring victims are fully compensated for their injuries.
Slip & Fall Injuries
A "slip" occurs when a person's leading foot loses traction with the ground, causing the person to fall backward. On the other hand, a "trip" occurs when a person's trailing foot becomes caught or tangled, causing the person to tumble or fall forward. Both slips and trips can result in serious injuries. Slips, trips, and falls are usually caused by a walkway or stairway that is:
- Wet or slippery because of rain, water, or some other substance;
- In a state of disrepair;
- Littered with objects and hazards;
- Improperly lighted so that hazards are difficult to see.
The severity of injuries suffered can depend on the age and general health of the victim, the type of surface on which the fall occurred, and whether the victim hit any other object while falling.
Inadequate Security Cases
Premises liability also covers injuries resulting from inadequate security measures on the property. If a business or homeowner fails to provide reasonable security—such as functioning locks, security cameras, or proper lighting—and this failure leads to an assault, robbery, or other criminal attack, the property owner may be held liable for negligence.
Dog Bites and Animal Attacks
If a property owner has a dog or another animal that causes injury, premises liability laws can apply. In many jurisdictions, owners are strictly liable for dog bites. This means liability can be imposed regardless of whether the owner knew about the animal's vicious tendencies. Injuries caused by other animals kept on the premises can also fall under this category.
Construction Site Accidents
Construction sites present unique premises liability challenges. Injuries can result from unsafe conditions like unguarded holes, improperly stored equipment, or debris left in walkways. Property owners, general contractors, or subcontractors may be liable if they fail to maintain a safe environment or warn visitors of hazards.
Construction sites are inherently dangerous, often containing multiple hazards that require constant monitoring. In addition to physical dangers, such as exposed wiring or unstable scaffolding, the presence of heavy machinery increases the risk of serious injury. Premises liability claims often focus on whether the responsible parties adhered to safety regulations and industry standards.
Also, because construction projects typically involve several parties with overlapping responsibilities, determining liability can be complex and may involve multiple defendants. Responsibility may become even murkier if government contractors are involved with site management, or if the project is a future government development. Each party’s duty to maintain a safe environment and properly warn workers or visitors is critical in these cases, but also lengthens and complicates the proceedure.
Swimming Pool Accidents
Injuries related to swimming pools can be severe and often involve children or older adults. This makes compliance with local ordinances—such as pool fencing laws and safety cover requirements—especially important. Courts will often consider whether the owner took reasonable precautions to prevent foreseeable accidents.
Beyond physical barriers, pool owners must ensure regular maintenance to prevent hazards like slippery surfaces or malfunctioning drains. Failure to keep the pool and surrounding area in safe condition can lead to accidents. Additionally, inadequate supervision or failure to enforce safety rules can contribute to liability.
Elevator and Escalator Accidents
Property owners who operate elevators or escalators have a duty to keep these mechanical systems safe and well-maintained. Injuries caused by malfunctioning equipment or poor maintenance, such as sudden stops, falls, or entrapments, can lead to premises liability claims. Regular inspections and timely repairs are crucial. Failure to conduct these can result in accidents caused by equipment failure, entrapment, or sudden jerks that throw passengers off balance. Negligence in maintaining emergency communication devices inside elevators may also be a factor.
Liability may also arise if the property owner fails to warn visitors about known malfunctions or fails to post adequate instructions for safe use. Because elevators and escalators are complex mechanical systems, cases often require expert testimony to establish causation and negligence.
Other Premises Liability Cases
Defective Staircases and Railings
Falls caused by broken stairs, missing handrails, or unstable railings are another frequent source of premises liability. Owners must ensure that stairs and railings meet safety standards and are regularly inspected and repaired. Injuries resulting from defects can trigger liability claims.
Parking Lot Accidents
Parking lots can present hazards such as potholes, poor lighting, or insufficient signage. Property owners or managers may be liable for injuries resulting from these conditions if they fail to address known dangers or warn visitors.
Toxic Exposure Cases
Premises liability can extend to injuries caused by exposure to toxic substances on the property. This includes cases involving mold, asbestos, lead paint, or chemical spills. Property owners must maintain safe environments and alert visitors to any known dangers. Failure to do so may lead to liability for health-related injuries.
Fire and Explosion Injuries
Premises liability claims may arise from fires or explosions caused by negligence on the property. Common causes include faulty wiring, gas leaks, or improper storage of flammable materials. Property owners have a duty to comply with safety codes and maintain fire prevention measures; failure to uphold these duties can result in liability.
At The Walker Law Group, the experienced Slip & Fall Accidents attorneys understand the pain and expense that slip and fall injuries or injuries arising from a dangerous condition on a property can cause. We are dedicated to ensuring victims are fully compensated for their injuries.