There are many situations that can lead to a personal injury case. Whether you slipped on wet flooring at a grocery store or fell on broken steps at an apartment complex, these incidents lead to serious injuries and extensive medical bills.
Premises liability is a legal concept that holds property owners responsible for injuries that occur on their premises due to unsafe conditions or hazards. These cases can vary depending on whether the injury took place on public or private property.
If you or a loved one were injured on another person’s property, our dedicated legal team can help with your case. At Feller & Wendt, LLC™, we have assisted countless victims of personal injury accidents in securing financial recovery. Call our law office today to schedule an initial consultation with a hardworking representative from our team.
Understanding Premises Liability Claims
Premises liability gives injured individuals the legal right to seek compensation after being hurt on someone else’s property. It holds the property owner—or the party responsible for maintaining the premises—liable for injuries caused by unsafe conditions. In most cases, the property owner’s insurance policy provides coverage for these claims. Premises liability applies to commercial, residential, and public properties alike.
However, winning compensation in a premises liability case is easier said than done. It involves more than proving you sustained injuries; you must prove that negligence took place, which we will take a closer look at in this article.
Review some of our successful premises liability case results below:
- $125,000 – Plaintiff suffered a severe ankle fracture at Lowe’s Extreme Airsports. Plaintiff filed a complaint in the 4th Judicial District, Utah County, alleging that Defendant failed to adequately maintain its airbags and trampolines, hire qualified employees, and train or supervise employees.
- $145,000 – The plaintiff suffered injuries to her knee and shoulder after falling due to Syracuse City’s improper securing and maintenance of an above-ground water meter cap and base.
Common Types of Premises Liability Cases
Our law firm can take on several different types of premises liability cases, including those involving the following:
- Slip and Fall Accidents
- Negligent Security
- Swimming Pool Accidents & Drownings
- Dog Bites and Animal Attacks
- Elevator and Escalator Malfunctions
- Staircase and Handrail Collapses
- Falling Objects and Shelving Collapses
- Fires
- Toxic Exposure
- Amusement Park & Playground Injuries
- Construction Site Hazards
Who Can Be Held Liable in Premises Liability?
More than one party may be held responsible for a premises liability incident. It is crucial to understand who could be liable and how to pursue compensation from these individuals and entities.
Some potentially at-fault parties include:
- Property Owners
- Tenants
- Property Managers
It is normal to feel hesitant about filing a lawsuit when you know the property owner. However, keep in mind that the claim is being filed against their insurance company, not the individual.
Premises liability hinges on who controlled the property and the condition of the premises at the time of the incident. For example, a property owner may be held liable if they could have maintained, repaired, or warned about hazardous conditions and failed to do so, resulting in injury. Simply owning the property is insufficient to establish liability—what matters is whether the party had the responsibility and opportunity to keep the area safe.
Proving a Premises Liability Claim
There are specific legal elements you must prove in order to build a compelling premises liability case, including duty of care, breach of duty, causation, and damages.
- Duty of Care – You must show that the other party owed you a duty of care. For instance, private property owners owe visitors a duty of care to maintain and keep their premises in a safe condition.
- Breach of Duty – When a property owner causes harm to a visitor through negligent maintenance or failing to fix a hazard, this can be considered a breach of duty.
- Causation – The breach of duty must be the direct cause of your injuries. For example, if a staircase with broken steps was left unfixed and you were not warned of the hazard, you can connect the negligent care to injuries from falling on the steps.
- Damages – Your injuries must be converted into compensable damages. An example of this would be a broken leg resulting from slipping on a wet surface, which leads to damages like medical expenses and time off work.
It is essential to have solid evidence to support your case. Legal guidance is key to identifying at-fault parties and building a case that fully supports your pursuit of fair compensation. With the right legal team, you can turn your injuries into a fair and just recovery.
Contact a Feller & Wendt, LLC™ Premises Liability Lawyer Today
Premises liability cases can be complex to navigate on your own. A skilled attorney can take on your claim from start to finish, calculating a fair damages award and negotiating with insurance companies.
At Feller & Wendt™, we are a trusted and experienced law firm that has handled numerous premises liability cases. Our team is known for successfully representing injured victims and helping them secure compensation.
Take the next steps today in getting the justice you deserve. The sooner you seek legal advice, the better your chances of a successful claim. Call our law office for a free consultation with a seasoned and dedicated premises liability lawyer.
* This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
