Questions About Premises Liability Cases
When an injury occurs on someone else’s property, the property owner may be liable. This is known as a premises liability claim. Premises liability cases arises when you were injured because the property owner was negligent.
Common examples of premises liability cases include slip and fall or trip and fall accidents and injuries caused by negligent maintenance or negligent security. Other premises liability claims include injuries or death in or around a swimming pool, hazards posed by balconies, decks, or stairs, inadequate lighting, falling objects, and injuries caused by defective sidewalks.
What Are Premises Liability Cases?
A premises liability claim flows from the landowner’s duty to maintain the property in a reasonably safe condition. To win a premises liability case, you must prove that:
- The property owner owed you a legal duty to keep the premises reasonably safe;
- The property owner violated that duty; and
- You were injured as a result.
Depending on your situation, the property owner, a property manager, or a maintenance provider could all be liable.
How to Win Premises Liability Cases? Establishing a Duty.
To win your premises liability case, you must prove that the property owner owed you a duty of care. The specific duty a landowner owes to someone on their property depends on their relationship with the guest.
An invitee is someone who is on the property at the invitation of the owner. The invitation may be expressed, when someone invites you onto their property, or implied, like when a store is open to the public for business. The property owner has a duty of ordinary care to protect the safety of an invitee.
A licensee is someone on the property with the express or implied permission of the owner but who is there for their own benefit. A property owner can be liable for reckless or willful behavior that injures a licensee.
A trespasser comes onto the property without the owner’s permission. Property owners are only liable for willfully, recklessly, or wantonly causing harm to a trespasser. There are additional considerations if the trespasser was a child or if there was an attractive nuisance on the property.
What Are Different Types of Premises Liability Cases?
In a premises liability case, the injured person claims they were hurt because of a dangerous condition on the property. Anytime you are injured on someone else’s property, you may have a potential case. Here are some of the most common types of premises liability cases.
Slip and Fall / Trip and Fall
Slips and trips are commonly caused by wet or icy conditions, inadequate lighting, rugs or mats that do not have non-slip backing, or debris on the floor. When these hidden dangers cause an injury, you may be entitled to compensation. Common injuries from a fall include fractures and broken bones, back injuries, spinal cord damage, concussions, and even traumatic brain injuries (TBI).
Negligent maintenance occurs when the property owner fails to take reasonable steps to maintain the property in a safe condition. Loose handrails, cracks in the floor, sidewalk, or parking lot, and broken or poorly maintained fixtures are all examples of negligent maintenance. If the property owner was aware or should have been aware of a hazardous condition but failed to perform the necessary maintenance, you may be entitled to compensation for any injuries you suffered.
Negligent Security Claims
Property owners have a duty to keep guests safe. They are required to install appropriate security measures such as adequate lighting, door locks, security gates, and surveillance cameras, and to provide security personnel. Whether the security measures were adequate will often depend on the type and amount of crime present in a particular area. If a property owner failed to take adequate precautions to prevent crime and you were a victim, you may have a claim for negligent security.
Swimming Pool Injuries
When you are in a pool owned by a friend or neighbor, a public pool, or a pool at the gym, you have the right to expect to be safe. If a dangerous condition resulted in an injury or wrongful death, you and your family may be entitled to compensation.
Injuries on Stairs, Balconies, and Decks
Rotting, loose, or missing boards or a lack of handrails on stairs, balconies, and decks can all cause injuries. These hazards are caused by poor maintenance and can result in injuries.
When a person cannot see a hazard on the ground, they are much more likely to slip or trip on it. Adequate lighting is an important part of maintaining a property. Apartment buildings, condominiums, office buildings, retail stores, parking lots, gas stations, supermarkets, and restaurants are all required to provide adequate lighting to reduce the likelihood of an injury on their property.
A falling object can result in injuries to the head, neck, spine, and other parts of the body. When a business owner fails to secure objects stored above, they can be held liable for injuries to a visitor. Falling lumber on construction sites, broken shelving at retail stores, and unsecured tools falling from balconies can all cause injuries.
Most people reasonably think that sidewalks and other walkways will be safe to use. But cracks, depressions, debris, and tree roots can pose dangerous conditions that can cause a person to trip and sustain a serious injury. Cities, towns, suburbs, and private property owners can all be held liable for injuries caused by hazardous sidewalk conditions.
Think You Have Premises Liability Cases? Contact The Lebedevitch Law Firm Today
Establishing liability in a premises liability case can be difficult. But The Lebedevitch Law Firm is here to help. Connecticut personal injury attorney Stephen Lebedevitch will evaluate your situation, explain your options, and help you and your family obtain the compensation you deserve.
Contact us today to schedule a free, confidential consultation to discuss your case.