Types of Premises Liability Cases

Types of Premises Liability Cases

BY JR Krebs | February 6, 2025 |
Types of premises liability cases

Premises liability cases happen when someone gets hurt on another person’s property. The property owner is often responsible if the property is unsafe or poorly maintained. If you’ve been injured, you may be able to file a premises liability claim

Krebs Law Personal Injury Lawyers helps you understand your rights and options. We fight to hold the property owner accountable for any accidents that happen due to negligence. Our goal is to help you understand your options and get the compensation you deserve.

What Is Premises Liability?

Premises liability is a legal term that refers to the responsibility a property owner has to keep their property safe. If someone gets injured on that property due to dangerous conditions, the property owner may be held liable. This includes injuries caused by poor maintenance, hazardous conditions, or inadequate security.

In a premises liability case, the injured person must prove that the property owner failed to keep the property safe. If the property owner was negligent, they may be responsible for the injuries that occurred.

Common Types of Premises Liability Cases

Common types of premises liability cases

There are many types of premises liability cases, and each one involves different types of hazards. Understanding these cases can help you recognize when you may be able to file a claim. Here are some of the most common types.

Slip and Fall Accidents

Slip and fall accidents are common in premises liability cases. These accidents happen when someone slips, trips, or falls due to dangerous conditions on a property. For example, wet floors, uneven surfaces, or cluttered walkways can cause serious falls. In many cases, the property owner is responsible if they knew about the hazard and didn’t take action.

To win a slip and fall case, the injured person must prove that the property owner was negligent. This means showing that the owner failed to fix the hazard or didn’t warn visitors about it. Common injuries from slip and fall accidents include broken bones, back injuries, and head trauma. 

In some cases, traumatic brain injuries may occur. If you’ve been injured in a slip and fall, gathering evidence—such as photos of the scene and witness statements—can strengthen your claim.

Inadequate Security

Inadequate security is a type of premises liability case that occurs when property owners fail to provide proper safety measures. This can include a lack of security cameras, insufficient lighting, or the absence of security guards in areas that are at risk for criminal activity. If an injury occurs because the property owner didn’t ensure a safe environment, they may be held liable.

For example, if a property owner fails to install proper lighting in a parking lot where crimes are common, they may be responsible if someone is attacked or injured. Inadequate security can also apply to hotels, shopping malls, and apartment buildings.

If you’re injured due to poor security, such as an assault or robbery, you may have grounds for a premises liability claim. It's crucial to document the lack of security measures and any injuries sustained to strengthen your case.

Negligent Maintenance of Property

Negligent maintenance happens when a property owner fails to fix or address hazardous conditions on their property. This can include things like broken stairs, cracked sidewalks, or malfunctioning elevators. If these issues cause an accident, the property owner may be held liable. Regular maintenance is the property owner’s responsibility to ensure the safety of visitors.

In a negligent maintenance case, the injured person must show that the property owner failed to make necessary repairs. For example, if a property owner ignores a report of a broken handrail and someone falls because of it, they could be responsible for the accident.

To prove negligence, the injured person can use evidence such as photos of the unsafe condition and witness statements. If you’ve been hurt due to poor property maintenance, act quickly to gather evidence and file a premises liability claim.

Dog Bites and Animal Attacks

Dog bites and animal attacks are serious premises liability cases. Property owners are responsible for ensuring their pets do not harm visitors. If a dog bites or attacks someone, the owner may be held liable for the injuries sustained. This can include both physical injuries and emotional distress.

Even if a dog has never bitten anyone before, the owner could still be responsible if the animal attacks. Many states have strict laws about dog bites, and property owners are required to keep their animals under control. 

If a dog bites you or another animal attacks you on someone’s property, you may be entitled to compensation. This includes medical bills, pain and suffering, and lost wages if you miss work. Gathering evidence, like photos of the injuries and the location of the attack, will be crucial in your case.

Toxic Exposure Cases

Toxic exposure cases occur when harmful chemicals or substances harm someone on a property. This can happen in homes, workplaces, or public buildings. If a property owner exposes others to dangerous chemicals or pollutants, they may be held responsible for the injuries or illnesses caused.

Examples of toxic exposure include lead paint, mold, asbestos, or industrial chemicals. If you develop health issues, such as respiratory problems or cancer, because of exposure to these substances, you may have a premises liability claim. 

Proving toxic exposure requires medical records that link the illness to the hazardous conditions on the property. Property owners are obligated to remove dangerous substances and ensure their property is safe for visitors. If they fail to do so, they may be held liable for any resulting injuries.

Construction Site Accidents

Construction site accidents are common but serious premises liability cases. Construction sites can be dangerous due to heavy machinery, scaffolding, and other hazards. If a worker or visitor is injured because of unsafe conditions, the property owner may be held liable for their injuries.

Common causes of construction site accidents include faulty equipment, lack of protective gear, and unsafe scaffolding. In many cases, workers may suffer injuries because of the property owner's or contractor's negligence.

If you’re injured on a construction site, you may have a premises liability claim against the property owner or the contractor who failed to maintain a safe working environment. Evidence like photos of the site, medical records, and witness statements can help support your case. Compensation may include medical bills, lost wages, and pain and suffering.

Steps to Take If You’re Injured on Someone Else’s Property

If you're injured on someone else's property, taking the right steps can help protect your rights and strengthen your case. Here are the key steps to follow:

  1. Seek medical attention: Your health is the most important thing. Get checked by a doctor, even if your injuries seem minor. Medical records will serve as vital evidence for your premises liability claim.
  2. Report the injury: Report the accident to the property owner or manager right away. This creates a record of the incident. Make sure the details of the accident, such as the time and location, are noted.
  3. Document the scene: Take photos or videos of the area where the injury occurred. This can include hazardous conditions, like wet floors or uneven pavement. The scene may change or be cleaned up later, so it's important to gather this evidence immediately.
  4. Gather witness information: If anyone saw the accident happen, get their contact details. Witness statements can help support your claim and provide more details about the incident.
  5. Contact a personal injury lawyer: Speak with an experienced premises liability attorney. They can help you understand your legal options and guide you through the process of filing a claim.

Compensation in Premises Liability Cases

Compensation in premises liability cases

If you’ve been injured in a premises liability accident, you may be entitled to compensation. The amount you can recover depends on the severity of your injuries and the circumstances surrounding the accident.

A few of the damages you can recover include:

  • Medical expenses: Compensation for the cost of medical treatment related to your injuries, including hospital bills, doctor visits, surgery, and physical therapy.
  • Lost wages: If your injury causes you to miss work, you may be able to recover compensation for lost income during your recovery period.
  • Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish caused by your injuries.
  • Property damage: If any personal property was damaged in the accident, you may be compensated for the repair or replacement costs.
  • Future medical costs: If your injuries require long-term care or treatment, you can seek compensation for ongoing medical expenses.

Factors Affecting the Value of Your Claim

  • Severity of injuries: The more serious the injuries, the higher the potential compensation. Traumatic brain injuries or broken bones often lead to larger settlements.
  • Evidence of negligence: The strength of your evidence showing the property owner’s responsibility affects the value of your claim. The more evidence, the better the chances for a higher settlement.
  • Impact on your life: How the injury affects your daily life, including your ability to work and engage in regular activities, will influence the compensation amount.
  • Insurance coverage: The property owner’s insurance policy may limit how much compensation you can receive. However, the insurance company may offer a settlement depending on the circumstances.

FAQs

A premises liability lawsuit is filed when someone is injured due to hazardous conditions on someone else’s property. If the property owner fails to maintain a safe environment, such as not addressing inadequate maintenance or negligent security, they may be held responsible.

Yes, if you were injured due to a slip-and-fall accident caused by hazardous conditions, you may file a premises liability lawsuit. The property owner owed a duty of care to keep the property safe and failed to do so.

Serious injuries, such as broken bones or traumatic brain injuries, can significantly impact the value of your claim. The severity of your injuries often determines the amount of compensation you can receive.

Negligent security refers to a property owner's failure to provide proper safety measures. This can include a lack of lighting, security cameras, or guards. If inadequate security leads to an injury, the property owner may be held liable.

Yes, if you’re injured due to inadequate maintenance, such as broken steps or poor lighting, you may be able to file a premises liability lawsuit. The property owner is responsible for keeping the property in a safe condition.

Contact Our Greene County Premises Liability Lawyer for a Free Case Evaluation

Contact our Greene County premises liability lawyer for a free case evaluation

If you've been injured on someone else's property, seek legal help right away. Our experienced premises liability lawyer at Krebs Law Personal Injury Lawyers can guide you through the process. We will help you understand your rights and assist with filing your personal injury claim.

Whether you’re dealing with a slip and fall accident, inadequate security, or injuries from poor maintenance, we are here to fight for you. Our law firm has years of experience handling personal injury cases and will work hard to get you the compensation you deserve. We offer a free case evaluation to review the details of your injury and determine the best course of action.

Contact us today to discuss your premises liability case and start the process of seeking justice.

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