Property owners are legally responsible for ensuring the safety of those on their property. This includes addressing potential issues and mitigating risks quickly to prevent accidents and injuries. When a property owner or tenant fails to uphold this duty, they may be held liable for any injuries suffered in their building or home.
The truth is that failing to ensure safe premises can result in life-threatening injuries and land property owners in hot water. This article will explore some of the most common types of injuries sustained in premises liability cases.
What Is Premises Liability Law?
Premises liability law is a set of legal standards that govern who is responsible for injuries or accidents that take place on someone else's property as a result of their negligence or inability to ensure a safe environment.
This branch of the law, which is a subdivision of personal injury law, focuses on circumstances in which someone is hurt while on the property of another person. In addition to defining the various legal remedies available to anyone hurt as a result of a property owner's carelessness, premises liability law also sets the legal obligations due by real estate owners or tenants to customers, visitors, or guests.
Proving Liability in a Premises Liability Claim
When pursuing compensation for their damages, injured victims are required to prove the following four elements:
Duty of Care
First, the plaintiff must prove that the property owner had a responsibility to ensure their safety. This could include putting up warning signs to alert customers to potentially hazardous conditions or ensuring that floors are cleaned regularly to prevent slip and fall accidents.
Breach of Duty
Next, the injured person must be able to prove that the property owner neglected his or her duties. Evidence in the form of surveillance footage, photographs, and witness statements can be used to prove that the owner or occupier neglected their duties.
Causation
The plaintiff must also demonstrate that this breach of duty is what caused the accident and the resultant injuries. Experienced premises liability lawyers can help victims establish a link between the defendant's negligence and the accident.
Resultant Damages
Finally, the plaintiff will also have to prove that the accident led to calculable damages. This can be in the form of lost wages, medical expenses, pain and suffering, the loss of enjoyment of life, and more.
Causes of Premises Liability Accidents
When many people think of accidents that occur in buildings like shopping malls, they often picture bruises and grazes. However, premises liability injuries can be so much more serious than that. In fact, slip and fall accidents, which account for a large number of premises liability claims, are responsible for over 15 percent of all accidental deaths in the United States.
While the most frequent causes of injuries in a premises liability case are slip and fall accidents, there are numerous other causes, such as violence, animal attacks, assault, and unintentional drowning, that result in death and injuries.
When someone trips and falls and gets hurt, he or she frequently takes responsibility for the harm. However, there are specific circumstances in which the property owner is to blame for these kinds of injuries.
With the help of a reliable premises liability accident lawyer, victims can pursue legal action and hold the property owner responsible for their injuries. They can answer provide insight to questions like What is the cause of action for premises liability?
Common Injuries Sustained in Premises Liability Accidents
The section below will discuss common premises liability accidents and the injuries they typically cause.
Slip and Fall Accidents
In premises liability lawsuits, slip and fall accidents are often the most common type of accidents that occur. They often result in the following injuries:
Head Injuries. When a victim falls and hits their head on a surface, minor or major head injuries can result. These injuries must be taken seriously, as they can lead to paralysis and even permanent disability.
Sprains and muscle injuries. Sprains, twisted ankles, and injured muscles are common in slip-and-fall accidents.
Fractures. Broken bones are also common when a person slips and falls. This often requires major surgery, which results in high medical bills.
Inadequate Security
Property owners are also responsible for ensuring that there is adequate security available to ensure the safety of guests and patrons. Injuries can range from assault-related injuries, such as gunshot wounds or stab wounds, to emotional distress when there is inadequate security.
Swimming Pool Accidents
Swimming pools that have not been properly secured or supervised can lead to drowning accidents, which can result in death or serious injuries, such as broken bones and head trauma.
Falling Objects
Falling objects are also on the list of common premises liability claims. Objects falling off the walls or shelves can cause serious injuries. The severity will depend on the height from which the object fell. The resultant injuries typically include fractures, head injuries, cuts, and bruises.
Dog Bites
In addition to slip and fall accidents, unsuspecting visitors may suffer injuries because of dog bites. Property owners have a duty to ensure that potentially dangerous dogs are kept away from visitors, guests, and customers, so if a dog bite occurs, the owner could be held responsible.
Dog bites typically result in lacerations and puncture wounds, which can lead to infections and serious emotional trauma.
Electrical Shocks
Faulty wiring or exposed electrical components can lead to electrical shocks. These shocks can, in turn, cause burns and other serious injuries.
Burns
Speaking of burns, there are other reasons why burns might occur. Unsafe conditions that result in fires can cause first-, second-, or third-degree burns.
Escalator and Stairway-related Accidents
Poorly maintained stairs and escalators can cause accidents that lead to head injuries, fractures, broken bones, stair accidents: proving fault and more.
Exposure to Hazardous Materials
If a property owner allows a guest, worker, or customer to be exposed to toxic chemicals, mold, or asbestos in poorly maintained buildings, the results can be serious. Among the injuries are respiratory problems, skin conditions, and other more long-term illnesses.
Finding Reliable Legal Assistance
When faced with injuries as a result of the negligence of a property owner, victims can take steps to ensure that their rights are upheld and justice is met. Schuerger Shunnarah Trial Attorneys will stop at nothing to obtain a favorable outcome. To schedule a free consultation, victims are encouraged to contact the firm today!