By David Peel
You probably grew up hearing the same story I did: “if someone is hurt on your property it’s automatically your fault“. It’s NOT TRUE!
True. I understand where the myth comes from, but it’s just not the case.
After almost 30 years of helping people like you with serious injuries, these are the most common claims made against the owner of the premises. These types of claims are known as “premises liability” claims.
Premises liability claims typically center on the property owner’s negligence in maintaining a reasonably safe environment for visitors or guests. The most common causes of premises liability claims in the US include:
1. Slip and Fall Accidents: These can occur due to wet or slippery floors. Wet floor signs can mitigate the owner’s fault but importantly prove their notice of the condition which is a prerequisite to recovery.
2. Trip and Fall Accidents: Often caused by out of place objects, potholes, or uneven surfaces and is made more dangerous by poor lighting.
3. Inadequate Maintenance: When property owners fail to maintain their premises, leading to dangerous conditions. An unattached step caused a case I have handled.
4. Negligent Security: Insufficient security measures can result in injuries from criminal acts on the property.
5. Dog Bites: Injuries caused by aggressive or unrestrained dogs on the premises.
6. Defective Conditions: Injuries arising from structural defects or hazardous conditions on the property. Rotten hand rails are a good example.
7. Swimming Pool Accidents: Drownings, slip and falls, or injuries related to poorly maintained or unsupervised swimming pools.
8. Elevator and Escalator Accidents: Malfunctions or lack of maintenance can lead to injuries. Remember, a stopped escalator should not be used as stairs.
9. Fire and Electrical Hazards: Inadequate fire safety measures or electrical issues can cause injuries.
10. Inadequate Warningn Signs: Failure to provide adequate warning signs for other potential hazards.
A growing area of premises liability law is the failure of property owners to install bollards (steel or concrete posts) to prevent intrusion of cars into restaurants and businesses. This happens far more frequently than when we guess. This interesting field of law developing is known as “BOLLARD liability.”
From David: Thank you for all the support of the local history videos we have been featuring on our Peel Law Firm Facebook page! In our continuing efforts to benefit local charities, I have designed local t-shirts and hats with all profits to charity— just in time for your gift giving. See the ever expanding store at PeelLawFirm.com!
