Premises Liability

Property owners are responsible for certain injuries sustained by people on their property. Premises liability cases occur when a property owner does not maintain the property. A so-called trip-and-fall is a best-known examples of a premises liability case, but such a slip and fall accident case can include any kind of accident in or on the owner’s home, property or place of business where there is a failure to act with ordinary care to ensure the safety of those on the premises.

A premises liability settlement or verdict can help a person recover funds necessary for medical or other expenses. Whether a settlement or verdict, The McAleer Law Firm, P.C., will always seek the maximum recovery available under the law.

People are severely injured in buildings, parking lots and on other premises daily. Sometimes those injuries are the result of bad upkeep of those premises by their owners or managers. In those situations, the injured party or the family of a wrongful death victim can file a premises liability action against the owners or managers of the premises in order to recover for their injuries or the death of a loved one.

Premises liability accident claims often involve “slip and fall” or “trip and fall” accident claims. However, there are many other types of injury claims that fall under premises liability law. Premises liability lawsuits may involve: amusement park accidents, dog bites, animal attacks, elevator injuries, failure to warn of hazardous or dangerous property conditions, construction accidents, negligent security, violent crime attacks, fire injuries, wrongful death accidents, broken stairs, broken steps, dangerous stairwells, swimming pool accidents, attractive nuisance accident claims, exposure to hazardous materials claims, assault and battery claims, poor lighting accidents, poor circulation or ventilation causing Sick Building Syndrome, and many types of negligent acts which happened due to a dangerous property condition.

Premises Liability - An Overview

Every year, many people are hurt while in someone else's home or place of business. People may be injured on a flight of stairs, on a patch of ice or snow, or by a defect in the building. The law provides that property owners must keep their premises reasonably safe for people who are on the property lawfully. In some situations, such as those involving businesses that encourage the public to come in, the law may say that the property owner has the duty to inspect its premises, and to discover dangerous conditions. If you have been injured while on property belonging to someone else, it is essential that you seek legal counsel from experienced personal injury attorneys.

Keeping the Premises Safe

A property owner, or a person in possession of property, has responsibilities regarding the safety of the premises. These responsibilities vary from state-to-state. They may even vary according to the people on the property. An attorney who is knowledgeable in the law of premises liability can advise you regarding the property owner's responsibilities under the law of your state.

Condition of the Property

In many states, the property owner, or other person in possession of the property (such as a tenant), must exercise reasonable care to make the premises safe for anyone on the premises lawfully (social guests, customers, etc.). This usually means that the property owner has the duty to inspect the property periodically, and either to repair dangerous conditions or to warn of the dangerous condition.

Toxic Substances on the Property

Toxic substances may include numerous things, including some you may not think of as particularly hazardous, or some that were not regarded as dangerous when they were used. Examples include such common products as asbestos shingles or insulation, lead-based paint, carbon monoxide or fluids drained from motor vehicles. The law regarding toxic substances is very complex, and to ensure that you receive the most accurate, and current, advice, you should consult an attorney experienced in the law of toxic substances.

Disclosure

In many states, if you are selling or leasing residential real estate, you must disclose the existence of known hazardous substances on the property. Federal law requires the disclosure of lead hazards, such as lead plumbing or lead-based paint. State or local laws may require disclosure of other substances, such as asbestos.

Duties Owed By Property Owners And Possessors

In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees, and trespassers. In states that still distinguish among these categories of people, the legal duty owed to each category is different. It is important to ask an attorney whether these categories and standards of care apply in your state.