Premises liability is a legal term that usually emerges in personal injury cases in which an injury was sustained under a sort of hazardous or faulty condition in another party’s property.
Premises liability cases, along with most other personal injury claims occur based on someone else’s negligence. In order to have a successful premises liability claim, the injured victim has to demonstrate that the owner of the property where the injury occurred was negligent in terms of maintaining the property free of hazards. In premises liability cases, negligence refers to the property owner failing to reasonably maintain the property.
It is important to understand that not all those who have suffered injuries on another’s property will entail that the property owner was negligent on the care of his or her property. Similarly, while the property may have had unsafe conditions, this does not mean that the property owner was careless and inattentive. In order to successfully win the case, the injured individual has to demonstrate that property owner knew about the unsafe conditions and still failed to act accordingly in order to remedy such hazardous conditions.
Different Forms of Premises Liability Claims
There are various forms of personal injury cases that could be categorized as premises liability cases. This includes, but is not limited to the following:
- Slip and fall cases
- These types of accidents occur when an individual slips, trips, or falls while on someone else’s property. A few common conditions that could result in slip and fall cases include: unsecured carpets, broken floors, uneven pavement, concealed extension cords, and water or other liquids on the walkway.
- Dog bites
- Dog bite claims could also pertain to premises liability claims since they comprise of unsafe conditions occurring in someone else’s property.
- Incompetent maintenance of the property
- Unkempt weeds or brushes that allowed pedestrians to be hidden from a motorist’s sight.
- Faulty property conditions
- Gates or other types of fences that did not properly lock which therefore allowed an intruder to enter the property.
- Escalator and elevator accidents
- Mechanical defects in these in which the property owner has known about and has not addressed the issue accordingly.
- Swimming pool area accidents
- Unfenced or unsupervised swimming pool areas. In many regions, swimming pool areas must also have a locking gate.
- Property fires
- Fires that have resulted because of a lack of property maintenance.
- Water damages
- Damages that have occurred due to leaking water pipes that the property owner has known about.
- Toxic vapors and other hazardous chemicals
- Injuries or ailments that have occurred due to leaking gas pipes in the property.
It is evident that premises liability claims could include a variety of fact scenarios. When deciding to pursue a premises liability claim, consult a qualified and experienced attorney who can clarify if there is a valid case.
Obtaining Legal Support
Premises liability case laws vary depending on the region in which the incident took place. If you or someone you know seeks to file a premises liability claim, speak to a professional attorney who can guide you through the process. An attorney will help you understand the necessary qualifications of a premises liability claim. Further, he or she should be able to support in defending your claim so that you recuperate any losses you may have accrued.
Attorney Richard Rohde is vastly experienced in premises liability cases. He understands what is needed to pursue a premises liability claim and knows what evidence is needed. Attorney Richard R. Rohde, of Rohde Law Office, APC can provide the assistance needed to successfully win a premises liability claim. Call us now at our West Covina or Claremont offices @ 626-593-5786 to schedule your free consultation.