Have you suffered an injury in an accident due to negligence on a residential or commercial property? You may have the right to file a premises liability claim. Before outlining the types of premises liability accidents you can sue over, it’s essential to understand what premises liability is and the different visitor types allowed to file a suit.
If you have suffered a severe injury, speak with a premises liability lawyer immediately to protect your legal right to financial compensation.
Schedule a Free Initial Consultation Today!
Premises liability holds property owners (including landlords) accountable for injuries occurring on their premises due to unsafe or harmful conditions. If property owners fail to protect visitors, they may be held financially liable for the damages relating to injuries or wrongful death resulting from an accident.
There are three primary types of visitors in premises liability cases: invitees, licensees, and trespassers. The extent of liability a property owner has primarily depends on the type of visitor injured.
An invitee enters another person’s property with the owner’s express or implied invitation. Examples include customers entering restaurants and department stores or drivers making deliveries to private residences.
The property owner owes the invitee a duty of care to keep the premises reasonably safe and warn of any dangerous conditions beforehand.
Licensees receive an express or implied invitation to enter the property without a mutually beneficial commercial relationship with the owner. For example, friends visiting another friend’s home are considered licensees. The property owner owes a lesser duty of care to a licensee than an invitee.
A trespasser has no legal rights or permission to enter the property like a burglar or poacher. The Trespasser Responsibility Act states that landowners owe no duty of care to trespassers and aren’t liable for harm to trespassers except in limited situations recognized in most state common law.
In addition to the three primary visitor types, two other groups are considered in premises liability accidents: children and bare licensees.
A property owner owes a heightened duty of care, regardless of legal status, regarding children being injured or suffering wrongful death on their land. Property owners also have a reasonable duty of care to safeguard accident-prone equipment on their property, including trampolines, swimming pools, and hot tubs.
Bare licensees have permission to enter or use someone else’s property, but only for their purposes and not for the property owner’s benefit. They are not invited guests, and the property owner may not even approve of their presence—for example, someone who takes a shortcut by crossing their land.
They are not owed a duty of care except that they may not be wantonly or willfully injured or entrapped. The land owner also may not create new sources of danger without warning the licensee. Bare licensees who are wantonly or willfully (intentionally harmed) injured may also have the right to sue.
If you or a loved one have suffered an injury in a premises liability accident and you identify as a qualifying visitor, contact an experienced personal injury attorney to determine your legal course of action and compensation eligibility.
Schedule a Free Initial Consultation Today!
Premises liability accidents, like falling objects or ceiling collapses, can cause significant injuries. People also seek compensation for these common types of premises liability accidents.
Slip, trip, and fall accidents are some of the most common premises liability accidents, occurring in homes and public spaces, caused by various circumstances, including:
Weather conditions such as ice and snow are prime for causing slip-and-fall accidents. Factors like slippery driveways with slimy growth that property owners are responsible for power washing away may be considered liable in a premises liability accident.
Property owners are required to follow fire safety and building code laws and regulations, which are in place to protect people living in or visiting the premises. A violation of these codes results in injuries, including burns, scarring, and disfiguration. Liable parties may be held accountable for these damages in a premises liability accident claim or lawsuit.
Property owners have a duty to keep their animals restrained, especially when they are prone to attacks. Dog bites are a common premises liability accident, with over 4.5 million annually. If you’ve suffered injuries due to the negligent owner of a dog or other animal, you should speak with a premises liability lawyer right away.
Swimming pool accidents are a frequent premise liability case, occurring at public and private backyard pools. Lack of safety features keeping children away from the pool, neglectful supervision, slippery surfaces, and defective pool equipment are common causes of swimming pool accidents.
Elevator and escalator premises liability accidents often involve:
Elevators and escalators seriously injure 17,000 victims annually.
Amusement park accidents may result from poor maintenance, defective parts, malfunctioning rides, ride operator errors, or lack of supervision. Other recreational parks and centers, such as trampoline parks, may be held accountable for premises liability accidents, including wrongful death.
Injuries often result from environmental hazards, such as long-term exposure to harmful toxins like asbestos, mold, lead paint, or pathogens. Exposure to toxic chemicals can cause respiratory disorders, lung cancer, heart disease, acid, and thermal burns.
Negligent security is the lack of proper security in apartment buildings, other residential rentals, or commercial properties, resulting in injury, including robberies, assaults, and wrongful deaths. Victims of negligent security should speak with a skilled premises liability attorney right away. They will handle your claim with care and compassion.
Premises liability applies to workplace accidents, such as construction accidents. Commercial and delivery truck drivers, aircraft pilots, steel workers, oil rig workers, roofers, logging workers, and fishing and hunting workers work in hazardous industries and are responsible for premises liability accidents.
Any property where a person sustains injuries due to the property owner’s negligence may be considered in a premises liability claim. Some common locations where premises liability accidents occur are:
Airports, train stations, bus depots, and other public transportation buildings or corridors where large groups of pedestrians gather and disperse are also all common places for premises liability accidents.
Your attorney will inform and advise you concerning the legal process. Most premises liability attorneys work contingency-based, so there are no upfront costs to retain legal counsel for your premises liability claim or lawsuit. Seek a free consultation with a personal injury lawyer to discuss the details of your case.
Marcus & Mack
