When we walk down the sidewalk, shop for groceries, or climb stairs, we should feel safe from accidents and injuries. However, due to the negligence of property owners this isn’t always the case. When otherwise preventable accidents cause significant injuries, then it might be an instance of premises liability.
Our personal injury attorneys see the negative impact these careless actions have on victims.
Almost any injury on a property that was directly caused by the owner can be considered premises liability. Injuries can be caused by defective floors, unsafe elevators or stairs, toxic chemicals, violations of building codes, falling merchandise from shelves, and inadequate lighting in walkways.
“The most common type of premises liability is a ‘slip and fall’ case,” says personal injury attorney Scott Mann. “These can occur when a property owner fails to clean a spill on their floors, or remove snow and ice on their outside walkways. This can result in a person slipping and severely injuring their back, hip, neck, or head.”
With the exception of “trespassers,” all visitors to a property are protected by the owner’s “duty of care.” However, some owners fail in providing a safe environment. Safety standards are instead ignored, and warnings for dangerous situations are not posted.
“In some states, premises liability is based on the status of the visitor, and whether or not they were a customer or social guest,” explains Scott. “Other states do not differentiate between an invitee or licensee. Premises liability is instead determined by the actions of the visitor and owner, and the condition of the property itself.”
It can be difficult, however, to prove that premises liability has taken place. The burden of proof lies with the visitor. The victim must prove that the injury was due to the negligence of the property owner. Having an experienced personal injury attorney in your corner can make all the difference. Mann, Wyatt & Tanksley is dedicated to the full recovery of each client. Our talented team would be honored to serve your case!