Who is Responsible for Your Injuries?
Premises liability is an area of law that encompasses a wide range of accidents and injuries. Liability is imposed on landowners and occupiers for injuries that occur on their properties and could have been prevented.
In order to be liable in a premises liability claim, the following elements must be present:
- The person responsible for maintaining the land knew of a dangerous condition – or by the exercise of reasonable care would have discovered it;
- That person failed to exercise reasonable care to protect people lawfully on the property from danger;
- The failure to reasonably maintain the property caused injury; and
- Damages were sustained as a result of that injury.
Landowners or occupiers have a duty to guard against foreseeable injuries and to maintain a premises in reasonably safe conditions. Because responsibility lies with those who maintain the property, multiple people may have a duty in these cases.
Questions that may be used to determine fault include:
- Who owned the property?
- Was the property being leased?
- Was the property under construction?
- Who was responsible for maintaining the condition of the property?
Proving that someone was responsible for your injuries can be difficult. Contact us today at (419) 871-9015 to begin the investigation process.
Types of Premises Liability Cases
Although premises liability cases can be very different, they all involve neglect of duty by someone who owns or maintains property. Some of the most common types of premises liability cases include:
- Slips and Falls – Of all areas of premises liability, slips and falls – or slip, trip and falls – are the easiest to understand and the most frequently cited. They may be caused by snow and ice, water puddles, defective staircases, hidden cords, loose rugs, defective walkways, or other precarious situations.
- Inadequate Security – Defective security cameras and unlocked doors can result in dangerous situations, such as assaults.
- Swimming Pool Accidents – These cases typically involve children injuring themselves in public pools, which require supervision by local statutes. Accidents may also occur in private pools at the homes of friends and family members.
- Porch/Deck/Balcony Collapse – Porches and decks are often some of the most neglected parts of peoples’ homes, and in the summer months it’s not uncommon for excess weight to put enormous strain on these exterior features.
- Elevator/Escalator Accidents – Escalator and elevators require regular maintenance in order to operate properly. Otherwise, people are at risk for serious injuries due to machine malfunction.
- Fire & Smoke Injuries – Fire codes often require proper alarm and extinguishing systems in buildings. If apartments do not have smoke detectors and businesses do not have fire alarms, landlords may be liable.
- Building Collapse – As buildings age, their foundations become weak. Parking structures, high-rise buildings, and even apartments are at risk of collapse.
- Falling Merchandise – Many companies store products on shelves that are taller than employees and customers. If those shelves fail or products fall due to unstable stacking, companies may be responsible.
Depending on the facts of your case, you may be able to recover compensation for:
- Medical Costs
- Pain and Suffering
- Loss of Consortium
- Punitive Damages