Premises liability cases are typically brought against a homeowner, landlord, business, or government entity. Settlements and trial awards are almost always paid by insurance companies rather than individuals because property owners typically ensure their most expensive assets including their homes and businesses.
Premises liability attorneys know that sometimes injured parties are reluctant to make claims for injuries they sustained on someone else’s property, but the fact is that no one should be afraid to make a claim for their injuries caused by someone else’s negligence. If there is a dangerous condition and it is not remedied, other people will likely be hurt too. Maybe their injuries will be worse. Maybe it will be a child or a senior citizen. Premises liability laws are in effect everywhere because everyone should feel safe from dangerous conditions when they leave their own property and this only happens when property owners know they will be held accountable for their negligence.
Where premises liability injuries occur
Premises liability cases can arise just about everywhere you go, unless you are a trespasser and then your recovery options may be more limited. Injuries due to dangerous conditions may occur on public property, sidewalks, someone else’s house, an apartment complex, nursing home, retail store, and place of business. Property owners, occupiers, landlords, and managers are required to keep their property safe for any guests that are not trespassers and even then, there is a still a limited duty of care that is owed to trespassers, especially child trespassers.
Premises liability cases are often thought of as your stereotypical slip and fall cases, but dangerous conditions can include just about any condition that is potentially dangerous to a guest’s safety on that property. Different legal standards may apply to different cases depending on the factual circumstances, but in general if a property owner is aware of the dangerous condition or should be aware of the dangerous condition, the owner should remediate the danger within a reasonable time of discovery and if remediation is not feasible, he or she at the very least should warn guests of that danger.
Common dangerous conditions on public or private property that often lead to injuries and premises liability cases include:
- Poor lighting near stairs and walkways
- Broken railings and stairs
- Slippery or otherwise poorly maintained floors
- Cluttered entryways and walkways
- Falling objects
- Dog bites
- Negligent security
- Snowy, icy, or otherwise slippery parking lots, walkways, and entryways
As mentioned above, insurance companies are usually responsible for paying out settlements and jury awards in premises liability cases. If you are contacted by a property owner’s insurance company, it is important to know that you do not have to speak with them and if you do, they may use anything you say against your claim for damages during settlement negotiations or at trial. It is especially important that you consult a premises liability attorney prior to signing any settlement agreement with an insurance company.
If you have sustained injuries on someone else’s property due to a dangerous condition, contact a Lawrenceville premises liability attorney at The Law Offices of Greg Prosmushkin, P.C. Our attorneys will review your case and discuss all available legal remedies.