What are the Most Common Premises Liability Claims?
A premises liability lawsuit involves an accident caused by a property owner’s negligence. In most premises liability lawsuits, the owner or manager of the property fails to use reasonable care to keep the property safe for visitors and customers. The person who becomes injured has the right to bring a lawsuit against the property owner who failed to make a reasonable effort to maintain a safe environment for them. Successful plaintiffs in personal injury lawsuits can obtain damages for their medical expenses, lost income, and more. What are the most common premises liability claims? We will discuss some of the most common types of premises liability cases below.
Slip and Fall Accidents
Slip and fall accidents are among the most common types of premises liability cases. According to the National Floor Safety Institute, falls account for eight million visits to the emergency room in the United States every year. Floors and flooring materials contribute directly to over two million fall-related injuries every year. Additionally, half of all accidental deaths in people’s homes are caused by a fall. Sometimes people assume that fall injuries happen when someone falls from a high elevation. On the contrary, many fall injuries in the home happen at the ground level.
Elderly individuals are the most at risk for serious fall-related injuries. According to the CDC, approximately 1.8 million people over age 65 were treated in an emergency room due to a fall. For people aged 65 to 84, falls are the second leading cause of injury-related death. For those aged 85 and older, falls are the leading cause of injury-related death. Sadly, half of all elderly adults over the age of 65 and hospitalized for hip fractures cannot live independently or return home after the hip fracture.
When a visitor slips and falls on another person’s property and the fall is due to the property owner’s negligence, they can file a premises liability lawsuit. Many slip-and-fall lawsuits involve a property owner who is aware of a slippery surface on their floor or should have been aware of the slippery surface but failed to clean it up in a reasonable time frame or warn customers. Other slip and fall accidents are due to dangerous staircases, icy steps, or debris that should have been cleaned up.
Dog and Other Animal Bites
In many dog and animal bite lawsuits, the owner can be held responsible for the victim’s injury. There is one exception to this general rule. If the victim was trespassing on the owner’s property when the dog bit him or her, the owner could not be held liable for his or her injuries. However, in most cases, animal bite victims can hold the owner liable for their injuries, even if the dog had never bitten someone before. Dog owners are held strictly liable for dog bites, making it easier for victims to recover compensation. Children are the most common victims of dog bites. Unfortunately, many children victims of dog bites suffer serious injuries and may require multiple surgeries, plastic surgeries, or even facial reconstruction. In some cases, dogs kill children by mauling them.
Construction Site Negligence
Construction sites in areas where work is happening should always be marked appropriately to warn pedestrians. When construction site managers fail to block off a dangerous construction zone or warn of the potential dangers, victims can become injured as a result. In some cases, debris will fall from scaffolding and hurt victims. In other cases, construction workers May fail to clean up the area, making it more likely that pedestrians will trip on debris and become injured. Construction workers can also be the victim of negligence and become injured due to their manager’s or the property owner’s negligence.
Parking Lot Accidents
Commercial property owners can be held liable for injuries they sustained when in a commercial parking lot. For example, suppose a parking lot for a retail store is located in a dangerous area. There have been many assaults and acts of violence in the area. The property owner refuses to install security lighting or hire security personnel because they do not want to spend the money.
One of the customers is assaulted in the parking lot and suffers permanent injuries. The customer may have a valid legal claim against the property owner for failing to use reasonable care to keep customers safe. Similarly, if a customer trips and falls because of poor lighting in an apartment complex stairway, he or she will have a right to bring a lawsuit against the apartment owner.
Inadequate Property Maintenance
Property owners in New York are required to maintain their property in a reasonable state and prevent harm to others or put others at risk of being injured. Unfortunately, there are many different ways a person can become injured on someone else’s property due to inadequate maintenance. Cases may involve visitors becoming injured due to slippery, cracked, or uneven surfaces. Visitors may become injured due to unsafe objects or conditions on the property or unfinished or inadequate construction. Other cases involve dangerous pools that do not have fences or toxic chemicals on a person’s property that cause another person’s injury.
Contact a New York Premises Liability Attorney Today
Premises liability cases are far more common than most people think. Nearly anyone can become injured when at work, running errands, or visiting a friend’s home. If you have suffered serious injuries resulting from an accident on another person’s property, the experienced Florida premises liability attorneys at Stanley Law Offices today are here to help. We have a proven track record of successfully obtaining compensation for premises liability victims. Contact us today to schedule your free initial consultation and learn more about how we can fight for you.
