Premises liability cases are some of the most common types of personal injury cases. They involve legal liability for unsafe conditions on someone else’s property that causes a person lawfully on the site to suffer an injury. In tort law (the civil law category under which premises liability falls), “invitees” are owed the highest duty of care. Invitees are those invited to the property as a member of the public or one who has business dealings with the landowner. These claims can occur on both residential and commercial properties. In all states, owners that occupy property must make a reasonable effort to maintain a safe environment for visitors. The statute of limitations for each state is important to know since failing to file a lawsuit within that time frame could mean sacrificing the right to recover damages.
There are numerous types of premises liability that can involve business patrons (restaurants/bars, hotels, amusement parks), apartment complex residents or guests, concert attendees, and those present in public rest areas and swimming pools. Some include the following:
- Balcony falls
- Ceiling or porch collapse
- Construction site negligence
- Dog and animal attacks/bites
- Elevator/escalator accidents
- Fire safety and building code violations
- Hotel accidents
- Inadequate security
- Parking lot accidents
- Physical altercations
- Slip and fall accidents
Slip and Fall Accidents
These accidents are common and can be caused by many different hazardous conditions, such as wet floors, safety issues and flooring defects. They can include balconies and porches that are poorly constructed or in disrepair, broken or absent handrails, uneven flooring or steps, loose carpet or tiles, poor lighting, and improper property maintenance for building hallways, ice/snow removal, and holes in parking lots and sidewalks. Negligence can be considered if the property owners knew or should have known about the danger, and failed to take action or warn invitees about the risk. Establishing proof of liability can be complicated. Generally, proof of the following needs to be done:
- The plaintiff was legally on the site;
- The property owner owed a duty of care reasonably in conducting regular inspections of the property to keep it safe for invitees;
- The property owner had actual or constructive knowledge about the hazard;
- The hazard was not open and obvious to the plaintiff;
- The property owner’s failure to correct the unsafe condition or warning the plaintiff directly resulted in the injury.
Let OnPoint Legal Nurse Consulting Help You Evaluate and Win Your Premises Liability Case
OnPoint LNC helps attorneys evaluate and prove their premises liability cases. Our team of nurses can organize and review the medical records of the injured plaintiff, and provide chronologies/timelines, case analysis, medical cost projections, pain and suffering reports, and trial graphics to help your legal team to clearly understand the complex medical issues related to liability and damages in your cases. We can also help locate highly qualified, clinically active physician and nurse experts from coast to coast who can testify about the involved injury and your client’s future costs.
For help with your premises liability case, call OnPoint Legal Nurse Consulting. From our head office in Philadelphia, we assist plaintiff attorneys throughout Pennsylvania, New Jersey, and Florida, and nationwide. We maintain long-term relationships with our clients, who appreciate the rapid response they receive from us, the quality of work we provide, and how easy we are to work with throughout the litigation process. Contact us to meet all of your litigation support needs.