Slip-and-Fall Injuries and Premises Liability
Premises liability refers to cases in which a property owner is held liable for injuries that someone suffers on the owner’s property due to a hazardous condition. The hazardous condition might be on the floor of the building or it could be on the wall or ceiling. It might also exist outside the building, on the pavement or in an outdoor parking lot. Regardless of the type of hazard, the theory behind premises liability is that a property owner has a duty to maintain his or her property in a reasonably safe condition. An owner who breaches this duty by failing to keep the property safe may be liable for damages to any injured victims.
There are various types of premises liability cases. Perhaps the most common are those involving slip-and-fall injuries and inadequate building security.
What are Slip-and-Fall Injuries?
Slip-and-fall injuries occur when a person falls or trips and injures themselves due to an unsafe condition or defect in a building or an outdoor space. If you’ve sustained a slip-and-fall injury, the attorneys at Torero Law can help you determine if you have a claim against the owner or lessee of the property on which you were injured.
As stated, an owner has a duty to use ordinary care to keep his or her property in a reasonably safe condition and to protect others on the property from foreseeable risks of injury. A store owner, in particular, has a duty to keep the floors safe for customers’ use. The risk of injury in a store from a hazardous condition on the floor is often high, because it’s likely that a store patron will be distracted by goods and products on the shelves. If an owner is aware of a concealed or non-obvious condition that creates an unreasonable risk of harm, the owner must either repair the condition or warn individuals who are likely to approach the condition about the risk. Even if the owner is unaware of the risk, he or she has a duty to conduct reasonable inspections of the premises to discover any possible dangers and promptly remedy or warn others about the dangers. A slip-and-fall claim can be brought against the property owner or lessee, or against a government agency if the injury occurred on public property.
The following conditions can result in slip-and-fall injuries:
- Wet floors
- Curled carpet edges
- Uneven flooring
- Broken concrete
- Loose stairs
- Loose or broken railings
- Protruding objects or edges
Slip-and-fall injuries can be catastrophic. The victim may sustain bone fractures, muscle tears or strain, nerve damage, back injuries, or head trauma. These injuries may necessitate expensive medical treatment, and without an attorney to assist you with securing payment for these expenses from the property owner or its insurer, you may face financial peril.
If you have been injured on someone else’s property, the slip-and-fall attorneys at Torero Law can evaluate your case, free of charge, and determine whether you have a claim for monetary damages against the owner of the property or business at which you were injured.
Building Security and Third-Party Criminal Acts
In some types of premises liability cases, particularly those involving businesses that are open to the public, the victim may be injured due to the intentional or criminal acts of third-parties. In these cases, the owner or lessee of the property may be liable for not providing adequate security to protect customers and other members of the public from harm. If criminal incidents have previously occurred at a business, it may be reasonably foreseeable that similar incidents may continue to occur. For example, if a customer has been robbed or attacked at a store, it may be reasonably foreseeable that another customer may be robbed or assaulted in the future, especially if the store is located in a high-crime area. The store owner may have a duty to retain security guards or take other steps to secure the premises and deter criminal acts. If the owner fails to do so, he or she may be liable if a store patron is the victim of a criminal attack.
If you have been the victim of a criminal incident or attack while in a store, a parking lot, or any other business establishment or commercial building, you may be able to recover damages from the owner of the store or building. Contact us so that we can apprise you of your rights and help you determine whether you have a viable claim.
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