For a liability claim to be brought against a property owner, a trusted premises liability lawyer can help prove that the following occurred:

YOU WERE LEGALLY ON THE PROPERTY

• The injured party must be lawfully on the property or, when trespassing, the property owner needs to be aware of the trespass.

UNSAFE AREA

• The property owner must have allowed an unsafe condition on their property.

OWNER FAILED TO KEEP AREA SAFE

• That unsafe condition must stem from the owner’s failure to address a clear danger. They can also be held liable if the danger was addressed ineffectively or in a way that made the condition worse.

ACCIDENT INJURY HAPPENED DUE TO UNSAFE AREA

• The accident injury must be directly related to that unsafe condition.

Unsafe conditions must be clear to an observer. Such examples might include:

• Visible damage to a structure
• An unrestrained animal
• Dangerous chemicals or fumes
• Situations created by a lack of proper security

Keep in mind, the list of unsafe situations that create liability is extensive. However, courts have rejected liability claims related to conditions that, while ultimately unsafe, did not meet the standard. Determining a premises owner’s “duty of care” takes careful analysis and experience – and our premises liability attorneys at The Mike Hostilo Law Firm can provide just that!

Additionally, an unsafe condition created by the actions of a premises employee can also create liability. Generally, the third party is an employee, as opposed to an independent contractor – and the action must be performed in line with how the employer had instructed the employee. For example, if an employer requires that employees clean spills, but fails to train them in how to put out a sign warning of the freshly washed area, someone slipping on that surface could attempt to hold the premise liable.

As one legal expert for Baylor University Medical Center noted, business owners have a duty to ensure employees are properly supervised and that “problem” employees are not retained. He notes, however, that nothing can “absolutely” prevent a lawsuit against a property.

Slips and falls accidents are the most common liability claims made against property owners.

The National Floor Safety Institute further estimates that “slip and fall” cases account for over one million emergency room visits per year, or approximately 12%. Among adults over 65, slips and falls are the second highest cause of injury-related deaths, according to research cited by the National Library of Medicine of the National Institutes of Health.

As the name implies, these are accident injuries caused when a person falls because of slippery or uneven walking surfaces. Slips and falls lawyer cost an estimated $50 billion in medical costs in 2015, according to the U.S. Centers for Disease Control (CDC).

As with most cases, holding a premises owner accountable in a “slip and fall” claim can be difficult. What seems like a straightforward case can become complicated very quickly.

Other injuries that commonly result in premises liability claims include:

• Swimming pool accidents
• Bites from dogs or other animals
• Injuries from premises-owned equipment, such as playgrounds
• Injuries from partial structure collapse