Slip & Fall and Premises Liability
Under the law, property owners and lessees must make their property reasonably safe for others. Neighbors, storeowners, shopkeepers, apartment owners, renters, and others are all subject to potential liability if a person is injured on their property as the result of a dangerous condition that should have been remedied.
Is important to understand that just because someone is injured on the property of another, such as a fall in a store, does not automatically make the property owner or lessee liable. Instead, liability will typically hinge on whether the owner or lessee knew (or reasonably should have known) that the property was dangerous and failed to take reasonable action in order to remedy the dangerous condition.
Is the Store Liable?
For example, when floors are cleaned in a store, store employees should place cones warning that the floor is wet and may be slippery. Spills should also be promptly cleaned. Broken hand railings should be fixed. Stores that are open at night should have adequate lighting in parking lots. In big-box stores, aisles should be temporarily closed when heavy products are removed from high shelves. Products should also not be stacked in a manner in which they are likely to fall on and injured customers.
When stores fail to take these reasonable precautions and injuries result, they may be held liable.
If You Have Been Injured on the Property of Someone Else, Please Call Me at Your Earliest Convenience
In a premises liability case, it is important to investigate the accident scene as soon as possible before conditions have changed. As an example, in the case of a person injured by a defective hand railing, the owner will likely want to fix the hand railing as soon as possible so that others are not injured. It would be critical to investigate and secure evidence concerning the broken hand railing before any such modification is made.
Insurance for Premises Liability Cases
Most store owners and commercial property owners will carry insurance that will provide coverage in the case of a premises liability claim. Additionally, homeowners who have a mortgage will also usually be required by their mortgage company to similarly carry insurance for premises liability claims.
As a result, in the case of an injury on the property of a homeowner or small store owner that may only have limited assets, compensation can often be obtained through the insurance company of the homeowner or store owner where otherwise no assets might be available. After accepting a premises liability case, one of my first actions will be to determine what insurance is available, and to put the insurance company on notice of a client’s claim.
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There is no fee unless you receive compensation through a settlement or an award at trial. Once I learn about the facts of your case, I can advise as to your options for recovery.
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