Premises liability accidents happen when property owners fail to maintain a safe environment. These are common personal injury cases but they can sometimes be challenging to prove. If accident victims are not quick to gather evidence of negligence, property owners can quickly repair, alter or put safety systems in place before charges are filed.
State laws differ when dealing with premises liability accident cases. There are different time limits on filing and computation of compensations. For instance, you can contact premises liability attorneys in Orange County, California, if a dog has bitten you because their owners are strictly liable to pay for the damages you suffered. However, states like Alaska and Texas follow the “one-bite rule,” which means you need prior proof that the dog has a history of viciousness before you can make the owner liable for damages.
Examples of Premises Liability Accidents
1. Slip and fall
Slip and fall incidents are common and can lead to severe injuries. If this happened in a public area, a commercial establishment, or the workplace, the property owner could be held liable for the accident if proven that they neglected to place safety measures in accident-prone areas. Slip and fall accidents are common during winter when the ground is slippery. If there was no wet floor sign to warn people that the ground is slippery, the establishment might be liable.
2. Construction site negligence
Building contractors are required by law to have a duty of care to their workers and clients. This means that during the entire construction period, contractors should ensure that workers and site visitors are wearing safety gear, warning signs are in place, deep holes are cordoned, and harnesses are available to those working on elevated areas. In case of an accident and these safety measures are not in place, the victim has a right to file for damages and compensations.
3. Animal bites
Animal bites, or most commonly dog bites, can be a case of premises liability accident. Dog owners are legally responsible for keeping their dogs on a leash and at a distance from passerby to prevent accidental dog bites or property damages. Most states impose the “strict liability dog-bite law” making owners financially liable if their dogs have injured someone. For states that don’t set this law, owners can still be liable under the “one-bite rule” if the victim can prove that the dog has a history of aggression, and the owner knows that the dog is likely to injure someone.
4. Hotel accidents
Hotels and resorts are a service industry, and they have a duty of care for their clients. They must ensure safety within the premises and place signs in accident-prone areas such as the swimming pool, spa areas, bathrooms, walkways, and other slippery when wet areas. A hotel could be held liable if there is enough proof that they have neglected their duty of care, failed to conduct periodic safety inspections, and causation is established. But not all accidents within the premises can be blamed on management. For instance, you cannot condemn criminal acts by third parties or theft on the hotel management unless proven otherwise that a hotel personnel is involved.
5. Parking Lot Accidents
Parking lot accidents are quite common, and some of the most common types include cars crashing when backing up, pedestrian accidents, and slip and fall accidents. But not all accidents that happen within the parking lot fall under premises liability accidents. You can only sue if the pavements are hazardous, inadequate lighting at night, vague or confusing signages, and damaged wheel stop. But just like the other mentioned cases, there should be sufficient evidence and causation for the case to be valid.
Premises liability accidents are difficult to prove, especially if there is not enough evidence of negligence. Often, the injured individual is too busy recuperating to gather evidence and file for claims. The chances of getting compensation are significantly higher with the help of personal injury lawyers who can assist with paperwork and negotiations. Experienced lawyers understand insurance companies’ tricks and strategies to minimize claims. Having a lawyer on your side will ensure you get the maximum compensation possible.
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