Win Your Case By Hiring an Aggressive Premise Liability Lawyer
The second you enter a home, business, a facility, or any other place owned, or maintained by another, the owner of the premises implicitly acknowledges, that the property is safe. Put another way; hazardous conditions should be removed or at the very least pointed out in a reasonably clear manner so that no one is injured. If the owner of the property does not adhere to this implied agreement and the owner’s negligent maintenance or upkeep of the premises leads to an occurrence adversely affecting you, then the property owner is liable for the related damages.
The Testa Law Group has a nuanced understanding of various states premises liability laws. If you have any questions regarding your injury that occurred on the premises of another, please do not hesitate to talk a premise liability lawyer at the Testa Law Group for a free consultation with a premise liability lawyer by calling 877-780-9052.
Types of Premises Liability
There are various ways for someone to get hurt on another’s property and numerous claims in which a premise liability lawyer can raise when filing suit. This means there are infinite kinds of accidents that constitute a claim for premises liability, including:
- Slip, Trip, and Falls: The most common variety of premises liability claim is for slip or trip and falls. These can happen anywhere, from commercial and residential properties to city streets and sidewalks. People can easily slip and fall due to a slippery or wet floor, poor lighting, flawed design, inadequate preservation of the property, becoming sideswiped or hit with an unsecured fixture or product at a shopping store aisle, tripping over wires or other objects in a passageway. If any of these hazards presented to a slip or trip and fall that ended in severe injury, then the property owner may be held accountable.
- Dog Bites: While some dogs are harmless, many dogs have the ability to be explosive and inflict severe harm. Dogs can cause critical injuries when they quickly become aggressive and attack. More often than not, the owner is liable for injuries in cases where a dog bite happened, and it can be proven that the victim was lawfully on the premises and the dog has a propensity for violent behavior.
- Staircase Falls: Falling down stairs often leads to serious damages. The safety of the staircase is called into question when the victim when injured on someone else’s property at the time of the fall because stairs must meet certain building code standards. If the stairs fail to meet adequate code standards or were blocked by an object(s), then not only are the stairs defective, but the owner is liable for the damages caused.
There are a variety of factors that can make a staircase hazardous, such as broken or unsecured handrails, slippery surface, leading edges, inconsistent risers or treads, inadequate distance between landings, and inadequate lighting.
- Elevator and Escalator Falls: Escalators and elevators are an essential part of many buildings. They are great for getting from floor to floor without having to climb numerous sets of stairs. Regrettably, there are times when an elevator or escalator might fail and cause someone to get injured. Elevator accidents can result when there is a defective door sensor, mechanical breakdown, misaligned carriage, a problem with the pulley crank system, or faulty wiring. Escalator disasters can take place when there is an abrupt start or stop, defective emergency shut-off switch, lost or defective steps, improper or poor maintenance, or there is a poorly designed or defective handrail in place.
- Broken or Cracked Sidewalks: Injuries occurring as a result of a broken sidewalk are at times complex and very time sensitive. In some cases, a sidewalk must be maintained by the owner of the residential or commercial property that is adjacent to the sidewalk. In other cases, the sidewalk must be maintained by the municipality or state agency responsible for the care and upkeep of the sidewalk. A lawyer will be able to help circumscribe the likelihood for compensation and who is accountable.
- Swimming Pool Accidents: When a swimming pool accident happens, a property owner can be held liable if there was negligent supervision, failure to warn, unsafe conditions, or lack of maintenance. Although drowning is the principal concern in a swimming pool setting, other accidents can happen, including chemical burns from chlorination, spinal cord injuries, and slip and falls. It is important that pools are maintained by professionals and have the proper barriers in place to block off unsupervised children, correct signage to warn of swimming risks, and drain systems that are legal and safe.
Do I Have a Premises Liability Case?
Premises liability laws hold property owners to a reasonable standard of care that includes adequate upkeep of the premises, uninhibited passageways, proper lighting, adequate employment of competent security and staff, along with many other safety factors.
The subsequent circumstances must be present for premises liability laws to apply:
- The defendant holds ownership of the land or premises.
- The plaintiff was an invitee or a licensee (a trespasser is limited in recovery under certain conditions)
- The accident occurred due to negligence on the part of the defendant.
Texas, Louisiana, and Florida law require property owners to keep children safe on their premises, even if they are trespassers. Property owners are also required to repair public sidewalks in front of their premises in some cases. It is important that the owner of the premises clear hazards that may pose a risk of accident to those who pass by on a sidewalk or a public street.
What is an Invitee, Licensee, and Trespasser?
Invitees are people that are allowed on the premises to conduct business with the owner or are on the premises because the property is held open to the public. For example, shoppers are the most prominent example of an invitee. The highest duty of care is owed to invitees.
A licensee is an individual that is a “social guest” whereby they are invited onto the premises by the owner for non-commercial purposes. For example, a friend or other social guest is considered a licensee.
While trespassers are owed the lowest duty of care, they still have rights. While a property owner is under no duty to warn a trespasser of naturally occurring hazards the property owner must inform the anticipated trespasser of dangerous man-made hazards.
Common Conditions Occurring in a Premises Liability Case
A premises liability claim may be based upon a number of conditions. The most common conditions include:
- Wet or slippery conditions
- Toxic exposure
- Poorly maintained stairways and elevators
- Dangerous animals
- Lack of adequate security
An accident can result in a multitude of injuries, including traumatic brain injury, broken bones, spinal cord injury, internal organ damage, and more. For this reason consulting with an experienced premise liability lawyer is critical for your well-being and recovery. Call the Testa Law Group to speak with a premise liability lawyer by dialing 877-780-9052.