Premises Liability

WHAT IS A PREMISES LIABILITY CLAIM?

Premises liability refers to an area of the law that involves an accident on another entity’s property due to unsafe conditions.  Premises liability accidents are among the most common types of cases seen by personal injury lawyers.

Types Of Premises Liability Claims

Although they’re often referred to as “slip and fall” claims, premises liability encompasses that type of injury and many others. Types of premises liability claims include:

  • Slips, trips, and falls
  • Dog bites
  • Inadequate maintenance of premises
  • Defective conditions of premises
  • Inadequate security
  • Elevator and escalator accidents
  • Swimming pool accidents
  • Amusement park accidents
  • Fires
  • Flooding or water leaks
  • Toxic fumes or chemicals
  • Snow and ice accidents
  • Electrical accidents

If you’ve been in an accident on someone else’s property, you will probably need to file a claim with their insurance company. In most cases, the property owner’s insurance is responsible for paying your claim. But insurance companies are businesses and are reticent to pay out larger claims. The insurance company will inevitably offer you some sort of compensation for your injury, but you shouldn’t accept it without first talking to a personal injury lawyer.

If you sign a liability waiver, which will be a condition of their settlement offer, you give up your right to pursue further damages. Don’t make that mistake.

WHAT SHOULD YOU DO IF YOU HAVE AN ACCIDENT ON SOMEONE ELSE’S PROPERTY?

Regardless of whether the nature of your accident was a slip and fall or some other type of premises liability accident, you should consider taking the following steps to protect your health and your case:

Seek Medical Attention

Your health is your first priority. Depending on the severity of your injuries, call 911 and allow the EMTs to examine you. If necessary, let them take you to the emergency room. If not, follow up with your own doctor as soon as possible.

Inform Management

Make sure you let the on-duty manager of the establishment or premise know that there’s been an accident. They will probably need to complete an incident report per their policies. Ask them to preserve any surveillance video that may have captured the incident.

Take Photos With Your Phone

Take pictures and video of the location where the accident occurred and whatever hazard caused your injury. If you have visible injuries, make sure you capture them as well. Having a detailed record of your accident will help with your legal case.

Ask For Witness Information

Collect the names and contact information of anyone who saw your accident. In addition, request the names and titles of any employees who you spoke to regarding the incident. Employees and managers can leave the company or transfer locations, so it’s important to have a list of the people working that day.

Get Help

Have you been injured while on someone else’s property? You may be entitled to compensation for your medical care, lost wages, and pain and suffering.

At Andrew Trailor, P.A., our attorneys perform the difficult task of building a plaintiff’s case that will make insurers pay a full and fair settlement for an injury due to unsafe conditions on another’s property. We work on a contingency basis, so you never have to pay out of pocket.

Give us a call at 305 668 6090 for a free confidential consultation to discuss which legal strategy is best suited for your needs.