Premises Liability Claims Go Beyond Slips, Trips, And Falls

Premises Liability Claims Go Beyond Slips, Trips, And Falls

There are many different types of personal injury lawsuits that arise after an accident or injury. Some of the most common claims filed under personal injury law include car accident injuries, medical malpractice, defamation, dog bites, intentional torts, or premises liability claims such slip and fall injuries.¹

What is Premises Liability?

Premises liability is a legal concept that allows for recover when an injury is caused by a unsafe or defective condition located on a property.² This type of personal injury claim is based on proving that a property owner failed to exercise reasonable care as owed under the legal duty that requires ensuring that a premises is safe and free of hazards.³ The failure in a premises liability claim is most commonly identified as a negligent act with respect to ownership or maintenance of a property.⁴

Types of Premises Liability

One of the most common examples of a premises liability case is a slip, trip, and fall accident. These slip and fall injuries can be caused by a range of unsafe conditions such as defective staircases, ice or snow accumulation, hidden extension cords or loose articles, unsecured rugs or carpets, and broken walkways including floors, sidewalks, steps, or stairs.⁵ However, despite the commonality of slip and fall accidents, there are many other types of dangers or defects on a property that can give rise to a premises liability claim such as inadequate building security leading to injury or assault, elevator or escalator accidents, dog bites, swimming pool accidents, amusement ride or park accidents, fires, or toxic or chemical exposure.⁶

Recovering in a Premises Liability Claim

Seeking compensation for any of the range of injuries that can be sustained on a defective or dangerous property depends on several factors. The status of the person who is injured comes into play during any claim or case. There are three different statuses of visitors on a property: an invitee who has permission to be on a property such as a store customer, a licensee who enters for his own purposes, but at the owner’s consent such as a social guest, and a trespasser who is illegally on a property, because he or she possesses no legal right to be present.⁷ Other factors that are taken into consideration during a premises liability claim include the use of the property, foreseeability of the accident, or reasonableness of the owner’s effort to repair or warn of the dangerous condition.⁸

Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation

If you have suffered a loss or injury which warrants filing a premises liability claim, it is important to discuss the circumstances of your injury with an experienced personal injury attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.

Resources:

1. http://www.alllaw.com/articles/nolo/personal-injury/kinds-of-cases.html
2. http://www.nolo.com/legal-encyclopedia/what-premises-liability.html
3. http://www.alllaw.com/articles/nolo/personal-injury/kinds-of-cases.html
4. http://injury.findlaw.com/accident-injury-law/premises-liability-who-is-responsible.html