Premises liability cases arise when you have been hurt on another party’s property. These accidents often occur when owners fail to address hazards that are present on their premises. If they had knowledge of the danger and failed to rectify it, or should have reasonably been aware of the danger, they can be held accountable. If you have suffered injuries of this nature, reach out to Farah Law today to secure an advocate who can get you results.
Premises Liability Cases Often Fall Into One of Five Categories
Many types of accidents can happen on another party’s property that can cause serious injury. While the source of harm can vary considerably. Most premises liability cases fit into a few common categories. Below is a closer look at five types of premises liability cases.
Slip, Trip, and Fall Accidents
Slip, trip, and fall accidents can happen at home, at work, or out in public. According to the National Safety Council, these types of accidents contributed to 46,653 deaths during the most recent reporting year. During the same year, over 8.5 million people suffered injuries that required emergency care.
Slippery surfaces, uneven pavement, damaged stairs and handrails, uneven flooring, clutter, or areas with poor lighting can all contribute to these accidents. When property owners fail to address these hazards appropriately, it can leave individuals with broken bones, soft tissue damage, brain injuries, and even death.
Elevator and Escalator Accidents
Elevators and escalators are part of daily life for many of us. However, they can be extremely hazardous if property owners fail to maintain them properly, including through annual inspections. Without proactive maintenance and safety procedures, components may fail, resulting in preventable injuries. Given the heights they can reach and the weight of these machines, individuals could suffer broken bones, brain injuries, crushing injuries, falls, and more.
Dog Bite Accidents
With a few exceptions, dog bite fatalities have steadily risen over the past decade, according to the Centers for Disease Control and Prevention (CDC). Additionally, the World Health Organization (WHO) estimates that approximately 4.5 million people are victims of dog bites each year. While the bites themselves can be dangerous by causing severe tissue damage, disease, and infection are the biggest concerns with these injuries.
Owners are responsible for maintaining control of their dogs and preventing them from causing harm. If their dog bites someone, they can be held liable for their dog’s actions. It is important to note that Texas adheres to the “one-bite rule.” This means that an owner may not be liable for damages if their dog has no prior history of aggression or biting, and the owner themself was not acting negligently.
Negligent Security
Injuries can occur when property owners fail to take sufficient security measures on their property. This can manifest as poor lighting, minimal or nonexistent security staff, and inadequate maintenance of security gates. Negligent security can lead to injuries from accidents and violence. Property owners are entrusted with the safety of others and are liable for harm caused by insufficient security.
Swimming Pool Accidents
The CDC reports that as many as 4,500 individuals die from drowning annually. However, this is not the only type of accident that can occur. Broken bones, brain injuries, spine injuries, and electrocution are just a few of the injuries that may be sustained due to negligent swimming pool upkeep. While no one is immune, children are the most vulnerable.
When it comes to premises liability, these accidents are often the result of poor maintenance, slippery surfaces, drain entrapment, inadequate security measures, unclear signage, and other factors. These and other factors pose significant risks to the health and safety of pool visitors, and owners may be held liable if they fail to take reasonable action to prevent harm.
You Must Establish Liability and Duty of Care In a Premises Liability Case
Property owner negligence is often the cause of premises liability accidents and injuries. When they fail to uphold their duty to provide a safe environment and take reasonable action to prevent harm, they risk legal ramifications. During a lawsuit, a premises liability accident lawyer will establish the owner’s negligence and liability in the case, and why the owner must pay your damages for the harm they caused.
One of the unique aspects of premises liability cases is that different individuals may be owed varying levels of care in the event of an accident. Invitees receive the greatest obligation of care, since they have express permission to be on the property, whether they are patrons of a business or residents in an apartment building.
Licensees have special permission to be on the property, such as a guest, though the property owner’s duty of care to them may be lower. Finally, trespassers are often not owed a duty of care, although children are often an exception.
Damages Offset the Cost of Your Losses After a Premises Liability Accident
Injuries from one of these types of accidents can be quite costly and overwhelming. Whether you have suffered short or long-term harm, medical care alone can be overwhelming. Damages can help offset these and other losses, allowing you to obtain the relief you need. While it is important to consult a lawyer to determine exactly what losses you are eligible to recover, some commonly recovered losses include:
- Cost of medical care, rehabilitation, and/or equipment and medication
- Lost income due to injury
- Damage to personal belongings
- Funeral and burial expenses
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment and quality of life
- Loss of companionship
Once you and your attorney identify your recoverable losses, you may begin calculating how much your case is worth. They will review all the documentation you have gathered regarding your expenses and other losses to estimate a fair settlement. With this information readily available, your lawyer can begin negotiating on your behalf.
Farah Law Advocates for You During a Challenging Time
With more than four decades of experience on our side, Farah Law helps you navigate the complexities of a premises liability lawsuit. We understand the challenges you are facing and are prepared to seek justice and secure compensation on your behalf. Schedule a free consultation with our team today to discuss your situation and learn more about how we can serve you.