Premises liability refers to incidents where a person is injured on a property or location that is owned by a company, corporation, or private party. In these cases, the owner or property’s manager is held liable for the damages that person sustained, as the incident took place on their property. For a person to establish a premises liability case, they must prove that the manager or owner had a duty to keep the premises safe for people visiting it, but failed to do so. This duty of care may be breached when the owner or manager:
- Have known or should have known about the dangerous condition
- Failed to warn others about the existing defect or repair the defect in a timely manner
Premises liability cases can arise from numerous situations, but they must satisfy any of the above conditions. The following are the common types of premises liability cases:
Lack or Negligent Security
When a property owner is unable able to provide adequate security, resulting in an injury to a victim by another person, they are liable for the damages of that victim. This rule also applies to situations when customers or employees are injured in a vandalism, robbery, or break-in incident, which may put a question mark on the business’s security.
Slip and Fall Accidents
When someone slips and falls on another person’s property due to a dangerous condition, it can be considered a premises liability case. Common situations leading to slip and fall accidents include defective staircases, broken or loose tiles, exposed wiring, wet floor without warning signage, and others.
Swimming Pool Accidents
If there is a swimming pool facility in a property, the owner must fulfill their responsibility of taking reasonable precautions to make the pool safe for everyone. Common causes of accidents related to swimming pools include lack of maintenance, lack of warning signage, lack of fencing, and negligent supervision.
If a dog bites or attacks a person on the dog owner’s property, causing injuries, the owner will be liable to pay for the bodily injuries that the victim suffered.
If you have been caught in a fire outbreak on someone else’s property, you may be able to make a premises liability claim against the owner for not taking standard precautionary measures to prevent fires. Power outlets that do not function properly, natural gas leaks, and faulty or exposed electrical wiring are some of the common causes of fires.
Exposure to Toxic Chemicals
This type of premises liability cases is mostly related to industries where employees may be exposed to dangerous chemicals. However, it can happen from harmful chemicals used in household products as well.
Damages you can Recover from a Premises Liability Claim
A premises liability claim or lawsuit can allow you to recover several types of damages, such as:
- Damage to personal property
- Loss of earning capacity
- Medical costs
- Mental anguish
- Physical limitations
- Physical pain
For more information about premises liability cases and how you can make a claim for your injuries, contact Fisk & Monteleone Ltd. today at 815-209-9030 to schedule a free case consultation with one of our experienced attorneys.