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Premises Liability

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Premises Liability Attorney

If you are injured on another’s property due to carelessness, negligence, improper maintenance, or a dangerous condition created or caused by the property owner, you may have the right to make a claim for damages. Property owners have certain obligations under property laws. While these laws vary, the basic underlying facts remain the same. Regardless of where you live, businesses have a duty to the public to maintain their premises in a safe condition. This means free from hazards to the public.  If you are injured on another’s property you may have the right to seek compensation for your injuries.

If you have been hurt in a slip and fall accident or any other type of accident, then you likely have questions. Kirkpatrick Law is a leading law office in premises liability cases. Call today at 713-893-0305 for a free consultation.

 

Common Types of Premises Liability Cases

There are many ways that one can be injured on another’s property. Below are some common types of situations that can lead to injuries for which compensation can be recovered.

Slip and fall

Businesses are obligated to keep their premises safe. When they are aware of potential issues, they need to make customers aware. Some measures that businesses need to take to ensure the safety of their customers are; warning patrons that floors are wet and cleaning up spills right after they happen. Additionally, they need to inspect for dangerous conditions such as broken lights, handrails, or staircases. When a business fails to warn or properly maintain their property then injuries often occur due to their negligence.

Falling objects

Injuries at construction sites due to falling objects are common. Companies should provide safety gear to employees and those authorized to visit. Additionally, they need to post adequate signage and warnings of the possibility of falling objects. If these things are not done, then they could be liable for injuries on the job.

Unprotected swimming pools

Owners of public and private swimming pools need to provide certain precautions. There needs to be fencing or some type of barrier around a pool to keep individuals out when the pool is not open. This is especially important when small children are around. These precautions also go for homeowners.

Electricity and electrocution

Property owners must make sure their property is safe from electrocution. All wires should be mounted securely and not exposed. Any exposed wiring can cause serious injuries.

Inadequate security measures

Visitors to a business may become the victim of criminal activity. This can be criminal activity such as assault or theft. Businesses at risk must provide adequate security to protect their patrons at all times.

Animal attacks

If a pet owner is aware of their animal’s tendency to be violent, then they can be held responsible for injuries caused by the animal.

Defective Sidewalks

It is common for the surfaces of streets, sidewalks, and parking lots to be irregular. It is not the duty of the entity in control of these areas to eliminate all variations in elevations. This includes differing elevations existing along the cracks, seams, joints and curbs. A landowner or person having control of a street, sidewalk or parking lot is only liable for those defects that present an unreasonable risk of harm.

How Is It Proven That Someone Else Is Responsible for My Injuries?

In a premise liability lawsuit, you need to show specific facts related to the owner, renter, or occupant. What you need to prove is:

  • The condition posed a risk.
  • The person in control either knew or should have known that the condition was dangerous.
  • The negligence on behalf of the person in control caused your injury.

The individual in charge of the property will fight hard to refute these claims. They may say your injuries existed before you entered their property or that they had no way of knowing the dangerous condition existed. Most owners and their insurance companies fight to prevent a payout for injuries in premises liability cases. In fact, these companies have lawyers who do nothing but try to settle for the least amount possible. This is not a situation that you want to go at alone. You want an attorney with experience on your side. You want a law office like Kirkpatrick Law.

 

How much can I be compensated for in a premise liability case?

If you have been injured due to the negligence of another, you need to understand how compensation for your injuries is determined. Each case is a unique situation. The only way to get a really good idea is to contact a personal injury attorney.

Generally, the law provides for two types of damages: economic and non-economic.

Economic damages are actual monetary losses that you suffer. This is items such as medical bills, medication, lost wages, and more. In order to recover these costs, documentation is key.

Non-economic damages are intangible losses. This is compensation for your emotional pain and suffering, disfigurement, and disabilities resulting from the injuries.

 

Hire an Experienced Premise Liability Attorney

Determining liability in premises liability accidents is complex and can be extremely difficult to prove. If you believe you have suffered an injury due to negligence or a preventable situation while on someone else’s property, please contact us today. Erick Kirkpatrick has handled many premises liability cases and can discuss with you your options. At Kirkpatrick Law, you will get a free case consultation and we work on a contingency basis. This means you don’t pay if we don’t recover your damages. Call us Today!