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PREMISES

Premises Cases

When did you take the spill and get injured? Did you visit a friend at the time? Shopping for groceries and tripping over loose items? You should file a premises liability claim if you are injured on someone else's property.

Hazards That Cause Premise Liability Accidents

It is possible to be in a serious accident in a home, business, or public space that you enter. As much as you should always be aware of and avoid hazards, homeowners, landowners, and property managers share in that responsibility as well. The failure to ensure that their properties are safe and free of unreasonable hazards could result in owners being held responsible for injuries that may occur on their properties.

A few common examples of premises liability dangers are:

  • Slip and fall hazards: Lifted carpeting, slick tiles, uncleaned puddles or dirt, missing handrails, and more are all commonplace hazards that put people at significant risks of slipping and falling.
  • Structural defects: Construction defects in a building or on a piece of land can lead to devastating accidents. During a party, for instance, a poorly constructed deck could crumble under the weight of many guests.
  • Attractive nuisance: An area that is attractive to young children despite its dangers is classified as an attractive nuisance. Swimming pools in private backyards are a common attraction, which requires gates to prevent wandering children from accessing them.
  • Negligent security: Places of business and residential complexes owe it to guests, customers, and tenants to protect them from predictable criminal activity. A lack of appropriate security measures can be grounds for a premises liability lawsuit.
  • Uncontrolled animals: Dogs that attack visitors can cause their owners to be held responsible for whatever damage they cause. Depending on the state, the "one bite rule" may allow an owner to excuse their dog's first bite if there were no indications their dog was dangerous.
The basis for a premises liability claim is whether or not the property owner could have corrected the hazard had they been more responsible. An owner who reasonably failed to notice the hazard may not be liable for any resulting accident. Liability for property owners increases when they do not make an effort to discover and/or fix hazards.
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