Have you or a loved one suffered an injury in an accident on someone else's property? If so, you may have a premises liability claim.
Property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail in this duty, and someone gets hurt, the victim may recover compensation for their medical bills, lost income, pain and suffering, and other damages.
Contact an experienced premises liability lawyer immediately to discuss your legal options.
There are many different types of premises liability accidents that can occur. This article will cover some of the most common scenarios that lead to premises liability claims.
If any of these sound similar to what happened to you, don't hesitate to speak with a qualified slip and fall accident attorney to see if you have a case.
Slip and Fall Accidents
Slip and fall accidents are among the most frequent types of premises liability cases. They can happen almost anywhere: grocery stores, restaurants, shopping malls, office buildings, apartment complexes, sidewalks, parking lots, and more.
Property owners are required to maintain walking surfaces in a reasonably safe condition. This means promptly cleaning up spills, fixing uneven or broken surfaces, providing adequate lighting, and posting warning signs about potential hazards.
Unfortunately, not all property owners live up to this responsibility. Maybe a store employee fails to mop up a puddle of water promptly. Perhaps a pothole in a parking lot goes unrepaired for months. Or maybe the stairwell in an office building has a broken handrail.
These maintenance issues can cause an unsuspecting visitor to slip, trip, or fall, and sustain serious injuries.
Common injuries from slip and fall accidents include:
- Broken bones (hip fractures, wrist fractures, etc.)
- Concussions and traumatic brain injuries
- Knee, ankle, and foot injuries
- Neck and back injuries
- Cuts, bruises, and lacerations
- Spinal cord injuries
If you've suffered an injury in a slip and fall on someone else's property, you should seek prompt medical attention, even if your injuries initially seem minor. Some injuries may not show symptoms right away. Follow your doctor's treatment plan and attend all follow-up appointments.
The next step is to consult a knowledgeable slip and fall lawyer in your area. An attorney can investigate the accident, gather evidence like incident reports, surveillance footage, and expert witnesses, and build a strong case for compensation on your behalf.
Without a lawyer advocating for you, the insurance company may try to lowball you with an unfairly small settlement offer or even deny your claim completely.
You should not bear the physical, emotional, and financial burdens of a slip and fall injury that was not your fault.
A skilled premises liability lawyer will fight to hold the negligent property owner accountable and pursue maximum compensation for you. The statute of limitations limits your time to file a premises liability claim, so don't delay getting the legal help you need.
Inadequate Security
Another common type of premises liability claim involves inadequate security. Property owners, especially those in high-crime areas, must take reasonable steps to protect lawful visitors from foreseeable criminal activity.
These measures may include:
- Installing security cameras and alarms
- Hiring security guards
- Ensuring adequate lighting in parking lots and common areas
- Repairing broken locks, windows, fences, etc.
- Running background checks on employees
- Responding appropriately to reports of prior criminal activity
If a property owner fails to implement proper security measures and a criminal assaults, robs, rapes, or otherwise victimizes someone, the victim can hold the owner liable. Inadequate security cases often arise at apartment complexes, hotels, bars, nightclubs, shopping centers, and concert venues.
For example, imagine a young woman walking to her car in a dark, isolated corner of a mall parking lot after finishing her shift at work.
Suddenly, an armed assailant emerges from the shadows, robs her at gunpoint, and severely beats her before fleeing with her purse. She suffers a concussion, a broken eye socket, and deep psychological trauma.
It turns out the mall had a long history of car thefts and violent crimes in that same parking lot. However, the mall owners did nothing to increase patrols, add security cameras, or improve the lighting to deter criminals.
In this scenario, the victim may have a strong inadequate security claim against the mall for failing to take reasonable precautions to keep her safe.
If you or someone you love was the victim of a violent crime on a commercial property, speak with an inadequate security attorney right away.
A lawyer can report the crime to law enforcement, obtain copies of past police reports to establish the property owner's notice of crime risks, and file a civil lawsuit to demand justice and fair compensation for the trauma you've endured.
No amount of money can undo the violation of a criminal attack. However, holding a negligent property owner financially accountable can provide crucial resources for your recovery and send a message that our community will not tolerate lax security.
Let an experienced premises liability lawyer fight for the compensation, justice, and closure you deserve.
Swimming Pool Accidents
Tragically, hundreds of adults and children are seriously injured or killed in swimming pool accidents across the United States each year. Drownings are a leading cause of unintentional death for kids under age four.
Proper pool safety measures can prevent many of these heartbreaking incidents.
Both public and private pool owners must keep their pools safe for swimmers.
This includes duties like:
Proper Pool Fencing and Gates
One way to prevent drowning accidents is for pool owners to install proper fencing and gates around the pool area. They should install a fence of at least four feet high that completely surrounds the pool, separating it from the house and yard. They should install a self-closing and self-latching gate, with the latch high enough that young children cannot reach it.
The fence should be constructed of durable, climb-resistant material like wrought iron or wood, with no gaps larger than four inches that a child can squeeze through.
Regularly inspect the fence and gate for any damage or wear and tear that can compromise its effectiveness. Proper pool fencing is not only a smart safety practice but is also required by law in many states and municipalities.
Depth Markers and Warning Signs
Another key pool safety feature is posting clear depth markers and warning signs around the pool. Depth markers should be placed at the shallow and deep ends of the pool and along the sides to give swimmers a clear indication of the water depth. Pool owners should install large, easy-to-read markers that contrast with the pool background.
In addition to depth markers, pool owners should also post prominent warning signs alerting swimmers to potential hazards. These may include signs that say "No Diving" in shallow areas, "No Running" on pool decks, or "Swim at Your Own Risk" for pools without lifeguards on duty.
Pictorial signs can help young children or non-English speakers.
The signs must communicate the rules and risks to all pool users to prevent accidents and injuries.
Compliant Drain Covers
Drain entrapment is a terrifying and often fatal type of pool accident that can occur when a swimmer's body, hair, or clothing becomes trapped by the powerful suction of a pool or spa drain.
To prevent these horrific incidents, pool owners must properly affix their drain covers so they comply with federal safety laws.
The Virginia Graeme Baker Pool and Spa Safety Act, passed in 2007, requires all public pools and spas to install specially designed safety drain covers and automatic pump shut-off systems. These covers must meet strict anti-entrapment standards to prevent suction from trapping a swimmer underwater.
Residential pool owners should also install VGB-compliant drain covers as a crucial layer of protection. Pool owners must regularly check drain covers for any cracks, gaps, or missing screws that can create an entrapment hazard.
Lifesaving Equipment
Even with proper supervision, accidents and emergencies can still happen in the pool. That's why pool owners must have essential lifesaving equipment on hand and easily accessible. This includes a shepherd's hook (a long pole with a hook on the end), life rings or buoys, and a well-stocked first-aid kit.
A shepherd's hook can pull a distressed swimmer safely from the pool deck. Life rings provide a flotation device for a struggling swimmer to grab onto until help arrives.
The first-aid kit should contain bandages, gauze, scissors, antiseptic, and a CPR mask to treat any injuries that may occur.
Store all lifesaving equipment in a marked, easily accessible location near the pool. Owners should regularly check to ensure it is in good condition and ready to use in an emergency.
Pool owners may even want to post a list of local emergency numbers and CPR instructions as an added precaution.
Dog Bites
Dogs may be our beloved companions, but they can attack when scared, threatened, or poorly trained.
Every year, dogs bite millions of people in the U.S. About one in five dog bite victims require emergency medical care for their injuries.
In many states, dog owners are strictly liable for any injuries caused by their dogs, regardless of whether the animal has a history of aggression.
This means the dog bite need not prove the owner’s negligence to recover compensation. The owner is responsible for the victim's medical expenses, lost income, pain and suffering, and other damages.
Common injuries from dog bites and attacks include:
- Lacerations and puncture wounds
- Broken bones and crush injuries
- Infections like cellulitis, MRSA, tetanus, and rabies
- Nerve damage and loss of sensation
- Permanent scarring and disfigurement
- Emotional trauma and PTSD
Children are especially vulnerable to severe dog bite injuries, given their small size. Many kids suffer devastating facial injuries when an aggressive dog lunges for their head and neck. Plastic surgery and counseling may need to address the physical and emotional scars.
If someone else's dog has attacked you or your child, the first priority is getting proper medical treatment. Dog bite wounds have a high risk of infection, so carefully follow your doctor's instructions for keeping the injury clean and taking any prescribed antibiotics.
You should then contact an experienced dog bite attorney in your area. Dog owners and their insurance companies often try to avoid responsibility by claiming the victim provoked the animal.
Your lawyer can investigate the animal's history, interview witnesses, and gather evidence to build a compelling case for why the owner is liable.
Act quickly, as the statute of limitations often gives you just a few years from the date of the attack to file a dog bite injury claim.
The sooner you involve an attorney, the better your chances of recovering maximum compensation for your current and future medical needs, lost income, pain and suffering, scarring, and more.
No one should have to live in fear of dangerous dogs attacking them in their neighborhood. Let a skillful dog bite lawyer fight to hold irresponsible owners accountable and get you the resources you need to heal from your traumatic ordeal.
Contact a Premises Liability Lawyer Today
Premises liability accidents can happen to anyone, anytime, anywhere. From slips and falls to assaults to swimming pool tragedies to dog attacks, property owner negligence puts innocent people at risk for life-altering harm every single day.
Victims often face exorbitant medical bills, lost income from missed work, intense pain and suffering, and uncertain futures.
If you or someone you love has suffered a severe injury because a property owner failed to keep their premises safe, you have rights.
You may recover significant compensation for the harm you suffered. However, you'll need an aggressive premises liability lawyer to stand up to the insurance companies and demand the full value of your claim.
Don't wait to get the legal advocacy you deserve. Contact an experienced premises liability attorney in your community today for a free consultation.
A knowledgeable personal injury lawyer can review the facts of your case, explain your options, and fight tirelessly to secure the justice and financial recovery you need to rebuild your life. The road ahead may feel overwhelming, but you are never alone with a skilled premises liability lawyer in your corner.