premises liability attorney media

What’s a premises liability claim?

When you visit another person’s property — whether it’s a business, a residence, or another type of private property — the property owner has a duty to keep it free of safety hazards. If a hazard can’t be immediately dealt with, they’re obligated to give you an appropriate warning. If you suffer an injury stemming from the property owner’s negligence, you may have a premises liability claim.

Establishing a premises liability claim

To establish a premises liability claim, you must prove the property owner is at fault for your injuries. For example, when you visit a grocery store, the store owner has a duty to keep you safe from slippery floors. However, there’s just been a storm, and the roof is leaking. The business can’t immediately fix it, so they cordon off the area, use a bucket to catch water, and mark it with a “wet floor” sign. If the store owner took the precautions above and you still managed to slip, you wouldn’t be very likely to win a personal injury case. Any reasonable person would see the signage and the roped-off area and know to stay away. On the other hand, if the store owner did absolutely nothing to stop the leak or make you aware of it, you’d likely have a case if you slipped and were injured. Of course, you would need to first talk to a premises liability lawyer in Clayton. A personal injury lawyer can review the facts of your case and tell you if you have a chance of winning.

Different types of premises liability claims

“Premises liability” can sound somewhat vague. Here are some of the most common types of premises liability claims.

Slips and Falls

This is what many people think of when they imagine a premises liability claim. Property owners have an obligation to protect visitors from hazards that could cause them to fall. And in some cases, slips and falls can lead to very serious injuries.

Dog Bites

Just as property owners are obligated to protect invited guests from hazards, dog owners are responsible for ensuring their pets don’t bite, maul, or otherwise harm anyone. Dog bite victims may need surgery, antibiotics, and physical therapy, and bills for all of these can add up quickly.

Collapsing Stairs

Stairs can always pose a safety hazard. Generally, if you trip on a perfectly maintained staircase, you wouldn’t have a claim against the property owner. However, if a staircase is already damaged and collapses, the property owner would likely be liable. This kind of situation can happen if a wooden staircase starts to rot and isn’t repaired.

Swimming Pool Accidents

Swimming pools can be great fun, but they also present a significant safety hazard. Many localities have laws to reduce that risk (like requiring pool owners to install fencing of a certain height). However, some pool owners don’t take any precautions, which can lead to tragic accidents. For example, if a pool owner doesn’t have a fence and a child falls in and drowns, the parents would likely have a strong premises liability claim.

Negligent Security

Business owners have an obligation to take reasonable security measures to protect customers, employees, and other authorized guests. If visitors to the property are injured because the business didn’t take proper security precautions, they might have a premises liability case. For example, imagine you work overnight in a large warehouse. Three armed robbers break in and hold you and other employees at gunpoint, and you have PTSD as a result. You later discover that the property owners never fixed an alarm system that broke two years ago, even though there’s a record of armed robberies at the warehouse going back years. There are a couple of elements here that might mean you have a case. The business owners were negligent because they didn’t repair an essential security feature. And because there have been armed robberies before, they had even more reason to fix the system quickly. If you’ve found yourself in a similar situation, contact a premises liability lawyer in Clayton as soon as you can.

Background media

Need a premises liability attorney in Clayton?

Getting hurt on someone else’s property (and because of their negligence) can feel like a betrayal of trust. And if your injury is severe enough, that one-time betrayal can start to feel like it’s taking over your life. At Pendergrass Law, we believe that if another person or business causes your injury, they should, at the very least, be financially responsible for it. We’re ready to fight for justice for injured people. If that’s you, get in touch or schedule a visit at our Clayton office at 41 S Main St, for a free case review.

Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 706 413-8775.