What is Premises Liability? And Why Would You Need a Premises Liability Attorney?
At the heart of every personal injury claim is the allegation that someone was negligent. Car accidents, dog bite accidents, medical malpractice, or slip-and-falls—they all may result from the carelessness or irresponsible behavior of another person. When you can prove negligence, the victim can receive compensation for their injuries. When this negligence happens on someone else’s property, it falls under premises liability laws, which hold the property owner responsible.
What Is Premises Liability?
Premises liability is a legal concept that holds a property’s owner legally responsible for damages when people are hurt there. This is different from a car accident claim where an individual driver is liable if they caused the crash.
Stores, restaurants, apartment buildings, amusement parks, sports venues—every type of commercial property must exercise reasonable care to keep those who enter the premises safe. Failing to do so makes them liable. Business owners typically carry insurance to protect their interests should someone suffer harm on the premises.
In some cases, homeowners may also be subject to a premises liability claim if their negligence leads to someone’s injury. For example, if the homeowner’s dog bites someone or if a guest falls through a collapsing deck railing. Homeowners’ insurance may cover incidents like this.
Collecting compensation in a premises liability case begins with making a claim to the insurance company. If the client can’t reach a settlement or if damages exceed the insurance policy limits, a premises liability attorney can help the victim file a lawsuit.
Property Owners’ Responsibilities Under Premises Liability Laws
A shopper might slip on spilled oil at the grocery store. Boxes might topple on someone at Walmart. An office building’s elevator might malfunction and drop suddenly. Restaurant food may cause a case of food poisoning. A child might slip out of the safety bars of an amusement ride. Serious injuries happen in public places all the time, and these are just a few examples.
All of these incidents could be valid premises liability claims since the owners of these places have a duty to ensure that mishaps like these do not happen. But certain criteria must be met in order to be held liable for an injury on one’s property.
- The owner, manager, landlord, or tenant (if a multi-business venue like a strip mall), must be aware of the issue but fail to remedy the situation. For example, not cleaning up a spill, ignoring a loose banister, or not fixing a broken sidewalk.
- If it is impossible to eliminate a hazard immediately, the owner must place a barrier or signage to warn people of the danger. The absence of a warning can prove liability.
- The victim must have suffered an injury as a direct result of the hazard.
- The injury must have resulted in measurable damages that can be compensated for.
The liability of a business owner also depends in part on the victim’s right to be on the property. A restaurant patron, store customer, or party guest, all obviously belong on the premises.
A trespasser or burglar, on the other hand, does not have permission to enter, so any injuries aren’t eligible for compensation. Even a customer who acts inappropriately by climbing on a shelf, or one who enters a restricted area of the store may harm their chances of receiving full compensation.
There is an exception to this rule for children who trespass. If there is an “attractive nuisance” that draws in a child, the owner can be held liable even if the child should not have been there. For example, a young child sneaking into an unsecured swimming pool would likely receive compensation from the owner if they are hurt.
A Recent Hipskind & McAninch Premises Liability Case
Hipskind & McAninch recently settled a premises liability case that illustrates how a landlord’s negligence caused injuries that resulted in a settlement of nearly a half-million dollars.
The owner of a trailer park allowed the property to fall into disrepair. A tenant fell through her front porch, suffering deep lacerations that required months of wound care.
The landlord lived in another state and had little concern for the property and ignored complaints about necessary repairs. His hired maintenance man was forced to use parts from vacant trailers to attempt repairs on those where people lived. Those parts were not necessarily safe.
The landlord did not exercise reasonable care for the property. The following points helped the premises liability lawyer make the case for their client by proving negligence and liability:
- The 2012 International Property Maintenance Code used by the county states that “The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety, or welfare” and “Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause; and shall be kept in sound condition and good repair.”
- According to the landlord, the maintenance man was an independent contractor. Part of exercising ordinary care includes selecting someone qualified and with the proper resources and materials to make the repairs.
- The terms of the victim’s lease stated that the landlord had the obligation to keep the structure in good repair. Furthermore, if the victim attempted to make their own repairs, it would have been in violation of the lease.
The landlord originally refused to make a settlement offer. Once presented with these points, the landlord offered $450,000 in damages to Hipskind & McAninch’s client.
Do You Need a Premises Liability Attorney?
People hurt in the types of incidents we’ve discussed may not know where to begin to seek compensation. The first steps are to seek medical attention and notify the owner of the property. The next step is to contact a lawyer to help make a claim and prove liability.
While finding someone who deals only with premises liability cases is unlikely, there are many personal injury attorneys like Hipskind & McAninch with experience in these types of cases. If you or someone you know has been hurt on their rented property or in a public place, it could be due to the owner’s negligence. Victims in cases like these can receive reimbursement for medical expenses and more. Contact us today to discuss your case.
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