What is considered a premises liability case?
Premises liability cases are fairly common, and there are many types of claims that fall into this category. Those who were injured while on the property or premises owned by another party may be eligible for compensation from that property owner if their negligence led to the accident. Premises liability laws can be confusing for those who are not personal injury lawyers. Not every case is eligible for compensation as they do not fall within the legal confines of what constitutes a valid premises liability claim. Ultimately, the insight provided by an experienced personal injury lawyer can guide you in determining if your case has sufficient strength to successfully navigate the civil justice system.
What are examples of a premises liability case?
As mentioned, there is a wide range and this contributes to the large number of premises liability cases in the United States every year. Here are some of the most common examples:
- Slip and fall accident due to a hazardous condition such as a spilled substance on the floor, a broken tile or torn carpet, a defective step, or stairs that are not built to code. Other common examples are extension cords that are placed in pedestrian accessible areas, carpet or rugs that are not firmly attached to the floor, and thresholds that are not installed to code.
- Snowy or icy walkways, parking areas, steps or inclines that cause a slip and fall accident.
- Walkways that have potholes, gaps, or cracks that cause a slip and fall accident.
- Improperly or poorly lit areas that have hazards placed in pedestrian accessible areas which are not easily visible in low lighting.
- Inadequate security personnel or lighting that enables attackers to injure or assault victims. These scenarios are common in large retail parking lots, residential parking lots, apartment complexes, and office buildings. If doors are left unlocked, the occupants are vulnerable to attacks from trespassers or uninvited guests.
- Defective or missing fire or smoke alarms, carbon monoxide detectors, or placards that clearly illustrate where emergency staircases and exits are located.
- Insufficient security fencing and locked gates in pool areas that are not attended by a lifeguard or a representative of the property owner.
- The release of toxic chemicals or fumes.
- Defective or inoperative escalator or elevator that causes an injury or death.
- Dog attack.
What damages can be recovered with a successful premises liability claim?
This is directly dependent on the damage suffered by the claimant. Based on a physician’s diagnosis of the individual’s injuries, their compensable damages may include medical treatment costs, salary or hourly wages lost due to being unable to work, pain and suffering, emotional distress, and more. When our premises liability lawyer takes on a new client, they ensure that all of the client’s compensable damages are included in the claim. To learn more about how a lawyer may be able to help you, call a law firm today for a free case review by a premises liability attorney in Longwood, FL.
Thanks to David & Philpot, P.L. for their insight into personal injury claims and premises liability.