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Premises Liability Lawyer

Fielding Law Premises Liability

The legal concept of premises liability means that the owner of a property, a property manager, or anyone who oversees the premises of a property is obligated to maintain their property to a reasonable level of safety. Ensuring that people are safe on their property is not the result of chance or dumb luck, but rather thoughtful attention and regular maintenance. 

If dangerous conditions do exist on a property, it is the responsibility of the owner or property manager to provide sufficient warning to visitors to the property.

Have you or a loved one suffered an injury due to poor maintenance or lack of sufficient warning on another party’s property? If so, you may qualify for compensation for your medical bills, lost wages, and other damages. The premises liability attorneys at Fielding Law are ready to defend your rights and make sure you receive the compensation to which you’re entitled.  


What Is a Premises Liability Accident?


Premises liability centers on the idea that property owners, managers, and occupiers have the responsibility to create and maintain a reasonably safe environment for visitors or individuals who reside on their premises. If a dangerous situation exists on the premises, property owners must provide a clear warning of the danger which must remain in place until the danger no longer exists.

If a property owner fails to warn of a dangerous condition and fails to correct the problem, they may be held liable if anyone is injured or killed as a result. Such a situation would constitute negligence on the part of the property owner or manager. Proving negligence is the primary component in a personal injury claim. Compensation can be pursued by those who have suffered the results of negligence on the part of an irresponsible or negligent property owner.


How A Premises Liability Accident Lawyer Can Help


In a premises liability accident claim, negligence must be established. One way this can be done is by showing that the owner failed to exercise what is called “reasonable care”, in other words, showing that a sensible and discerning property owner would have foreseen the hazard or danger existing on their premises and would have worked to correct the hazard, while providing clear and ample warning in the meantime.

In order to establish negligence, the injured party and their attorney must provide evidence of the dangerous existing conditions; proving that the owner was or should have been aware of the hazardous conditions and that the owner neglected to make the environment safe.

Gathering the necessary evidence to prove negligence can be a daunting task. Especially for an injured person who may have no experience with such claims and who may also be dealing with financial setback and physical limitations. The assistance of a capable and experienced premises liability lawyer is crucial to building a presenting case for your claim.


Types of Premises Liability Accidents


What do premises liability accidents include? Almost any accident which occurs on someone else’s property might qualify. Following are the most common  premises liability accidents our firm sees :

Slip and Fall Accidents — Perhaps the most common premises liability accident is a slip and fall. Accidents of this sort can occur quickly and have serious effects. They can result from a property manager’s failure to quickly clean up a spilled liquid, to regularly clear the snow or ice on a sidewalk, or even because of having installed slippery flooring material.  A sudden fall can lead to broken bones, back injuries, head injuries, and other serious injuries that may have a lasting effect.

Falling Object Accidents — When a falling object strikes a person it can result in a traumatic brain injury, broken bones, and other serious injuries. Falling object accidents may occur when shelves have been clumsily stacked or overstocked, signs have been improperly affixed, or workers drop something. 

Stairwell Injury Accidents — A lack of adequate lighting, poorly maintained stairs, a weak or broken handrail, or debris on the stairs can result in people losing their footing and stumbling down the stairs. Falling while on stairs can cause severe injuries, especially if a person falls a long distance. Whether falling forward or backward, stumbling and tripping on stairs can result in serious injuries.

Parking Garage Accidents — Inappropriate or unclear signage in a parking area can lead to injuries. Negligent security or supervision could potentially result in someone becoming the victim of a crime or an assault. Even such seemingly small things such as blind corners, slippery surfaces, and broken or crumbling pavement can also lead to injuries.

Electric Shock Accidents — Injuries from electric shock can be dire and critical and may sometimes even result in electrocution. Inadequate signage for high voltage wiring or inadequate warning of loose or exposed live wire can lead to horrible injuries. This is particularly true where wiring or electrical current could come into contact with water or can be reached by children.

Drowning Accidents — Property owners with ponds, swimming pools, fountains, or other bodies of water must take special care to prevent falls or unsupervised swimming on their property. A legal doctrine known as “attractive nuisance” states that property owners may be held liable for injuries which occur to child trespassers on their property if they are caused by objects on the property that are likely to attract children. Property features such as swimming pools could easily result in trespassers and invited guests alike injuring themselves or drowning.

This is not an exhaustive list of the types of premises liability accidents that are possible. If you were injured in any of these settings, or one that is not mentioned on this list, contact our law offices today to discuss how we can assist you with your case.


Why You Need a Premises Liability Attorney


Premises liability cases are often complicated and may involve several different parties and various complex legal doctrines. As mentioned before, establishing negligence is crucial to any personal injury case. Simply identifying that a person was injured on someone else’s property, however, does not establish negligence. There are four things which must be shown in order to establish negligence. 

  • Duty of care — The responsible party owed a duty of care to the person injured.  Since property owners automatically assume a duty of care to all visitors to their property, In premises liability cases, proving this is as simple as proving that the injured party was physically present as a guest on the property where the incident occurred.
  • Breach of duty — The responsible party must be shown to have breached that duty of care, either by acting or failing to act in a reasonable way.
  • Causation — It must be established that the accident which the injured party suffered was a direct result of this breach of duty and not from some other cause.
  • Damages — These are the actual physical losses suffered by the victim. It includes physical and emotional injuries and damages as well as any property loss. It must be shown that these damages are a direct result of the accident which occurred and not due to some previous underlying issue that coincidentally appeared at the same time.

The experienced premises liability attorneys at Fielding Law have the resources and ability to passionately represent your claim and fight for every penny to which you are entitled. Don’t settle for less than what you deserve for your losses and suffering. Contact us today for a free consultation.