Premises liability claims hold property owners responsible for negligence and injuries that occur on the property site. Premises liability claims can be made against private homeowners, hotels, restaurants, shopping centers, amusement parks, or any business.
Most premise liability claims are “slip and fall” claims relating to unsafe walking conditions and injuries. But premise liability claims also include a wide variety of injuries caused by hazardous or negligent conditions.
According to the Occupational Safety and Health Administration, slip and fall accidents account for 17% of all accidental deaths and are the second leading cause of accidental injury death behind car accidents.
If you or a loved one has suffered an injury from unsafe property conditions, call our offices today at (615) 244-4511 to schedule a free consultation.
Premises liability claims occur when an individual, or “invitee” is invited on to private property and suffers an injury on the property as a result of the property owner’s negligence. A property owner’s negligence creates unsafe conditions that can result in injuries.
To have a successful premises liability claim, the victim must be able to prove that:
To be eligible for a premises liability claim, the plaintiff must be an “invitee” or “licensee” of the property. Shoppers and visitors of businesses are considered to be invited onto the property. Usually, property owners do not owe standards of care to trespassers or any individuals on the property without invitation.
Common conditions that lead to premises liability claims include:
Property owners are required to maintain their property and keep it up to certain standards. When property owners are negligent, use poor building materials, or otherwise fail to maintain the safety of their property, they can be held liable for injuries that occur.
“Slip and fall” accidents are injuries where a victim slips or trips on another person’s property due to unsafe floor conditions like wet floors, hidden cords, unsecured carpets, ice accumulation, or broken tiles and floorboards.
Claims for injuries that occur on your own property are usually filed through homeowners insurance. Claims for injuries on rented property are premises liability claims if the injury was the result of the landowner’s negligence in failing to maintain the property.
Premises liability for children usually involves unsafe playground equipment or unsecured swimming pools.
Workers who were injured while completing work duties may be eligible for workers’ compensation benefits.
If you have been injured in a premises liability case, you need to:
When the judge or jury is considering your case, they will look for several elements to determine if the landowner is at fault, and if so, what duty the landowner owed to the visitor. These elements include:
Comparative fault is a common occurrence in premises liability cases. This means that the fault is shared between the landowner and the injured victim because the court found the victim to be partially at fault for her own injury. In comparative fault cases, the landowner is not held 100% responsible for damages. If the injured individual is found to be 25% at fault for the injury, then the landowner is held accountable for 75% of the damages.
If you or a loved one has suffered an injury as the result of a negligent property owner, you need to speak to an experienced personal injury attorney.
An experienced personal injury attorney will know how to investigate your claim and gather the necessary evidence. Your attorney will take photographs of the site, investigate accident reports and medical bills related to the injury, take witness statements, and inspect property records. A skilled personal injury attorney will understand how to utilize the evidence to best support your claim.
Establishing liability in a premises liability claim and formulating the details of the claim is a complicated process. The Law Offices of Luvell L. Glanton is dedicated to recovering compensation for clients injured by negligent property owners.
Call our offices today at (615) 244-4511 to schedule a free consultation.