Every year thousands of individuals suffer harm due a defective and or dangerous condition on the property of another. Victims are entitled to full and just compensation for all damages suffered it can be proven that a property owner exhibited negligent or intentional conduct on the upkeep of the property which resulted in the harm suffered.
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Types of Premises Liability Cases
There are numerous categories of claims for injuries against owners and or mangers of establishments which would fall under premises liability. Some of the most common include the following.
- Slip and fall accidents
- Trip and fall injures
- Falling objects from store shelve
- Falling trees and branches
- Balcony collapse claims
- Acts of intentional conduct on premises – including sexual assault robberies resulting in physical injuries, and assault and battery of customers.
- Ceiling and roof collapse claims.
- Swimming pool drowning and accidents
- Nightclub and dance studio injuries
- Fires resulting in burn injuries
- Dog bites and animal attacks
- Improper maintenance of stairwells resulting in fall injuries
- Elevator and escalator defects
- Defective and unsafe sidewalks
- Failure to secure rugs and carpeting – loose carpeting
- Constructions and scaffolding injuries and accidents
Injuries can take place in various places including, shopping malls, schools, hospitals, supermarkets, playgrounds, gyms and fitness centers, at your place of work, apartment building, private residences sporting venues, arenas and stadiums restaurant and bars.
Common Injuries: Some of the most common injuries in premises liability claims include the following.
- Spinal cord injuries including – disc bulges, whiplash injuries, disc herniations and damage to the nerve cords.
- Damages to the lower extremities – this can include fractures to the ankle, broken tibia and fibula, fractures hip injuries and knee damages.
- Facial injuries – broken nose, facial fractures, TMJ injuries and broken jars, facial cuts resulting in scarring.
- Hand and wrist injuries including dislocations and fractures.
- Injuries to the brain including concussion and traumatic brain injury.
Proving a Premises Liability Case in the Court of Law
The vast majority of premises liability claims are predicated on a negligence based cause of action. There are four factors which need to be proven in order to have a viable negligence based premises liability claim.
- Duty: The formulation of the duty owed by the property owner is bases specifically on the status of the injured victims. Trespasser are owed the lowest duty of care; generally the property owner owes a duty only to minors (children under the age of 18) to protect them from reasonably foreseeable risks. A perfect example of this would be a broken trampoline, or a swimming pool. A licensee is a person who enters a property for a non-business purpose. They are owed the second highest level of care. They must be protected from any potential risk or there must be proper warning signs so that the individual is aware of the risk associated with entry into the property.
- Breach of the duty of care: Breach of a duty of care take place when the property owner fails to properly warn of all known and or knowable dangers or fix the issue before there is entry into the property.
- Causation: The accident needs to be cause by the dangerous condition on the property.
- Presence of injuries and damages: There needs to be discernible damages and injuries documented vial medical records.
Recovery Available for Victims
The amount of recovery available in personal injury cases varies from one case to another based on unique factors specific to every case. Some of the most important factors which can play a significant role in determining the potential value of your case include the following.
- The severity and category of injuries you suffered as a result of the accident.
- Economic damages suffered: Including lost wages and future loss of income due to long term injuries and disability.
- Non-economic damages: this can include pain and suffering, mental anguish and PTSD due the traumatic event.
- Availability for Punitive damage awards: Generally court may award punitive damage in cases where the at fault property owner acted with either the intent to cause harm to another person or reckless indifference.
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