What Is Premises Liability?

NEGLIGENT HAZARDS THAT CAUSE ACCIDENTS

• Negligent security resulting in violent assaults, sexual assaults, shootings and robberies
• Failure to screen employees with background checks, resulting in assaults, robberies or day care injuries
• Inadequate safety and/or violation of standard procedures at day care or nursing home facilities resulting in injuries or even death
• Swimming pool inadequate security resulting in drownings
• Unsecured manhole covers
• Poor elevator maintenance resulting in accidents
• Escalator injuries
• Building code violations (stairs not the right height, etc.)
• Safety code violations (lack of smoke detectors in apartments, etc.)
• Toxic mold
• Poorly installed or maintained lights/chandeliers that fell down
• Poorly lighted parking lots
• Broken railings
• Dangerous chemicals used or stored improperly, resulting in injury
• Boxes falling from shelves
• Blocked or unmarked exits resulting in injuries during a fire or violent assault or shooting
• Debris in aisles, resulting in slip-and-fall accidents
• Unrestrained, aggressive dogs resulting in dog bite attacks

IT’S NOT YOUR FAULT

In many cases, owners aren’t taking care of their property. It’s not a safe environment. For example, when a woman slipped on broken glass in a liquor store, the owner had a duty to keep the store safe.

All property owners have the responsibility to keep the premises free from crime. The owner is guilty of neglect if he or she does not take the proper steps toward safety. For example, an ATM located in a poorly lighted, secluded area resulted in a victim being robbed and shot. The bank in question had researched placing the machine in a different location, but decided the other option was going to cost more. A hotel owner should have adequate locks installed on the hotel room doors—guests have a right to be safe. Businesses need to do background checks on employees and should not hire questionable characters.

NOT SURE WHAT YOUR CASE IS WORTH? GET A FREE CONSULTATION.

Speak with a personal injury attorney before talking to the insurance company or accepting any offer. Contact Barnes & Cohen and protect your rights. With offices in North Florida and South Georgia, we are convenient to find. Hablamos español.

Frequent Asked Questions – Premises Liability

Q: What kind of accidents or injuries fall under Premises Liability?

A: Premises liability can apply to any public or private property including a residence, office buildings, restaurants, shopping malls, hotels, entertainment venues, and more. Slip and fall accidents are among the most common when it comes to premises liability. Other types of premise liability claims may include but are not limited to dog attacks, inadequate maintenance, snow and ice related accidents, defective conditions on the property, inadequate building security, elevator and escalator accidents, swimming pool accidents, and accidents that occur at amusement parks.

Q: Who can file for a Premises Liability claim?

A: Only certain people are able to file a premises liability claim:

• Invitees – This is a person who has permission from a property owner to be on the premises where the injury occurred.
• Licensees – This is a person who enters the property for his or her own purpose. Even though they may have not received a direct invitation, licensees are not forbidden to enter the property where the injury has occurred.
• Trespassers – This is a person who has no right to be on the property. However, there are some cases where the property owner may still be liable for the damages of the trespasser.

Q: How long do I have to file a claim for Premises Liability?

A: Similar to most personal injury cases, the amount of time a victim has to file suit for premises liability will depend on what state they are in.

• For Florida residents, that statute of limitations for premises liability is usually four years. Exceptions (e.g., injuries to minors, cruise ships, government entities at fault) may shorten the time you have to file suit.
• For Georgia residents, the statute of limitations for premises liability is two years.

It is critical for injured parties to be aware of their state’s statute of limitations for personal injury claims. An experienced injury attorney can make sure your claim doesn’t get dismissed because you were unaware of circumstances that shortened the time period for filing suit. If you file a personal injury case after the statute of limitations has expired, it is almost certain that your case will be dismissed and you will not receive the compensation you deserve.

Q: What do you have to prove in a Premises Liability claim?

A: Being able to prove fault in a premises liability case often entails a lengthy process of gathering necessary information. If you or someone you know has been injured on someone else’s property, proving fault typically requires three main factors:

• First, you and your premises liability attorney must be able to prove that the defendant was required to maintain the property in a safe manner. There must be proof that the defendant was the party, or one of the parties, that was responsible for maintaining the property when you were injured.
• Once you have proven that the property owner was responsible for maintaining the area, you must then prove that they failed to properly maintain the property due to negligence or carelessness.
• After the first two factors are satisfied, you must then finally be able to provide evidence that your injury was a result of the property owner’s negligence or carelessness. The best way to do so is through physical evidence along with witness testimony.

If you have been injured, the first step is to seek medical attention to ensure a healthy recovery. Next, it is extremely important to collect all the evidence that is required for your premises liability claim. Taking photos of whatever hazard caused or contributed to your injury is paramount! If you fail to provide evidence of the property owner’s negligence, your case will most likely be unsuccessful and you will not receive compensation. Most premises liability cases will rely heavily on physical evidence – photos, videos, witness statements, police records, medical bills, etc. This is why it is important to act quickly when it comes to filing a claim for premises liability.

Handling a premises liability lawsuit requires many elements that may be overwhelming for someone who is recovering from injury. This is why contacting a professional personal injury lawyer is also an important step after suffering an injury on someone else’s property. An experienced personal injury lawyer will be able to review your case and work quickly to collect and preserve any essential evidence to ensure a successful case.