Premises liability cases involve situations in which someone is injured due to negligence (including inaction) on the part of an owner or operator of a property. In premises liability cases, it can be especially important to act quickly, as your case may depend on the preservation of evidence documenting the state of the property at the time of your injury and on eyewitness accounts of the accident.
Common Types Of Premises Liability Cases Include:
Slip/trip and fall cases are cases in which a visitor to a property is injured by slipping, tripping, and falling as a result of an unsafe condition on the property. The property owner or manager is not responsible for every slip and fall on the property. For example, if the victim was impaired or behaving recklessly, he or she may be responsible for any injuries sustained. A property owner also may not be responsible if they had no notice of the unsafe or dangerous condition.
However, if your slip and fall accident and injuries were the result of poor maintenance or failure to correct an unsafe condition on the property that the owner knew of or should have known about, you may have a claim against the property owner or manager.
Some examples of negligence by the property owner might include:
• Poor lighting
• Slippery surfaces including stairs
• Unmarked steps
• Loose tiles or ripped carpeting
Slip or trip and fall lawsuits can be very difficult to win. If you or a family member were injured as a result of a fall on another person’s property, and the fall was the result of someone else’s negligence, it is important that you contact us as soon as possible so we can preserve evidence, gather witness accounts, and establish the facts in your case early. The longer you wait, the more likely it is that evidence will be destroyed and witnesses’ memories will be less clear.
Negligent security is a type of premises liability claim. These claims occur when a legitimate resident or visitor to a property is injured as a result of the property owner’s failure to maintain adequate security on the property. Negligent security cases often involve physical or sexual assault and the damages can be quite extensive.
The most common type of a negligent security case involves residential buildings, including:
• College dormitories
• Apartment buildings
• Hotels and motels
Negligent security cases may also arise out of inadequate lighting or security in office buildings as well as business and residential parking lots.
If the inadequate lighting or security created an unsafe condition and you were assaulted as a result, you may have a legitimate negligent security claim.
Tenants and visitors have a reasonable expectation of safety in these properties. Depending on the specific case, these expectations might include:
• Securely locked buildings
• Sufficient lighting
• Security personnel on staff
• Secured lobbies
• Security equipment such as automatically locking doors in working order
Activities conducted on premises may cause injury or death if performed negligently or if warnings are not given.
Burg Simpson Eldredge Hersh & Jardine, P.C. represents victims of both types of premises liability claims. In any premises liability case, we will thoroughly review the evidence, the circumstances of the incident, and other information pertaining to your case.
Once we agree to take your case, you can be assured that we will devote the necessary time and energy to help you recover compensation you and your family need and deserve. We have the resources and experience to fight for a good settlement or, if that is not possible, to litigate your premises liability claim in court.