Premises Liability
Premises liability refers to the idea that an injured person may hold property owners liable for their injuries if the owner failed to properly maintain the property where injury occurred. Land owners or occupiers have a duty to use reasonable care and must maintain the property to prevent foreseeable injury. The most common type of premises liability case, is a “Slip and Fall” injury. These occur usually at a commercial premises like at a market or mall. Public perception for these types of cases remains under the myth that if you are injured on someone else’s property, the person in control is automatically responsible. Unfortunately, that is not the case. Slip and fall injuries and premises liability cases in general are very tough to win. An experienced slip and fall attorney who is not afraid of going to trial will mean the difference between a large verdict and an average settlement.
What Must You Prove
Just as any negligence case, you must prove the following: Duty, Breach, Causation, and Damages. Duty of reasonable care is generally owed. This standard is based on what a reasonable property owner would do under similar circumstances. In determining whether a breach occurred, the following factors must be considered:
- Foreseeability & likelihood of the injury
- Location of the property
- Seriousness of injury
- Degree of danger
- Whether owner knew or should have known of the dangerous condition
- Burden or ease of reducing the risk by defendant
What You Can Recover
Injured victims may seek two types of compensatory damages, special and general. The law is designed to compensate the injured party for the harm they have suffered.
- Special Damages– Medical bills, lost earnings, cost of future medical care, lost earning potential
- General Damages– Pain and suffering, emotional distress, loss of consortium
Common Defense Arguments to Be Aware Of
The property owner or occupier will argue that you share some, if not all, of the responsibility for your accident. A few examples of arguments are as follows:
- You were a trespasser (i.e. you were on the property or part of the property without permission and where visitor’s are not expected)
- You were contributorily negligent (i.e. you were not paying attention and could have discovered the danger using ordinary care)
- You were wearing inappropriate and unsafe footwear (aka you contributed to your accident)
- You assumed the risk (example, getting hit with a baseball while playing baseball)
- There was adequate warning (i.e. cones or warning signs were present or other reasonable steps were taken)
- Open and Obvious (i.e. the open and obvious nature of the danger was adequate warning itself and you should have recognized the danger)
It is important to counter these arguments with evidence through investigation in order to prevent a reduction of a large portion of your settlement.
Types of Premises Liability Cases
- Slip and Fall Injuries
- Trip and Fall Injuries
- Inadequate Security
- Stair Injuries
- School Campus Injuries
- Amusement Park Injuries
- Swimming Pool Accidents
- Falls on Escalators or Elevators
- Inadequate Lighting
- Uneven surfaces
- Merchandise
- Improper Maintenance
- Construction Accidents
If You Have Been Injured on Someone’s Property…
Get immediate medical attention. Take down any potential witness information. DO NOT contact the insurance company until you have spoken to an attorney. Contact the Igarian Law Firm for a free case evaluation. We will investigate your accident, determine the strengths of your case and initiate claims process toward getting you compensated. We focus on maximizing your settlement with our experience and knowledge of premises liability cases. You don’t pay a penny unless we win your case. Don’t let the insurance company low ball you! Call us now for a free consultation.
