What Is Premise Liability Law?

What Is Premise Liability Law?

Premises liability law holds property owners and occupiers responsible for maintaining safe conditions on their property. When they fail to uphold their duty of care, the injured party may be entitled to compensation.

Slip and falls, inadequate security, poor maintenance, and unsafe walkways are typical premises liability cases. Injured victims endure worsening health, psychological toll, and financial strain. While you may be entitled to compensation, you must prove how the negligent party’s actions contributed to the accident and your losses. You can secure your legal rights by working closely with a legal professional.

At Presley and Presley Trial Lawyers, our experienced premises liability attorneys understand the impact of injuries and the challenges of facing the negligent party. We can investigate the incident, identify liable parties, and build strong claims to recover fair compensation.

Premises Liability Key Takeaways

• Premises liability law makes property owners legally responsible for keeping their premises safe for visitors.
• You can sue for slipping in a store if negligence, such as uncleaned spills or missing warning signs, caused your injury.
• Proving negligence in a slip and fall requires evidence like surveillance footage, witness statements, and maintenance records.
• Liability often falls on the property owner, manager, or business that failed to correct or warn about the hazard.
• Call a premises liability lawyer to protect your right to fair and just compensation.

What Is Premises Liability Law

Premises liability law is a legal principle that holds property owners and occupiers responsible for maintaining safe conditions on their property. For example, they may be liable when a person sustains an injury because of unsafe or hazardous conditions.

Familiar sources of premises liability include:

• Wet floors
• Poor lighting
• Broken handrails
• Lack of safety warnings

Premises liability law applies to private and commercial properties, including homes, apartment complexes, retail stores, parking lots, and workplaces.

The injured victim must prove that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to correct it or warn visitors. Common examples of premises liability cases include slip and fall accidents, dog bites, swimming pool injuries, and assaults due to negligent security.

You may be entitled to compensation for your economic and non-economic losses if injured due to unsafe property conditions. An experienced premises liability attorney can evaluate the circumstances of your incident and determine if you have a case against a property owner.

Can You Sue for Slipping in a Store

Slipping and falling in a store can result in physical injuries, and you may have grounds to file a lawsuit. While not every slip and fall warrants legal action, certain situations make pursuing a claim necessary.

Severe Injury

The severity of your injuries is a primary factor in deciding whether to sue. Minor bruises or scrapes that heal quickly don’t justify litigation costs. However, severe injuries like broken bones, traumatic brain injuries, or spinal cord damage may warrant legal action.

Severe injuries result in substantial medical bills, lost income from missed work, long-term disability, and pain and suffering. A premises liability lawyer can use a lawsuit to demonstrate your losses and fight to maximize your recovery.

You can also file a lawsuit when injuries impact your quality of life or ability to earn income. A lawsuit is an opportunity for a neutral assessment of your case, often leading to a higher settlement value or award.

Disputed Liability

If the store denies responsibility for your fall or claims you were at fault, a lawsuit may be necessary to establish liability. Property owners and insurers often argue that hazards were obvious, warning signs existed, or you were distracted or negligent.

You can initiate a lawsuit when a property owner or insurer disputes liability. A premises liability lawyer can use the lawsuit to present evidence, including witness testimony, to prove that the store’s negligence created the dangerous condition.

A premises liability attorney can compel the defendant to provide evidence through discovery that they might otherwise withhold.

Low Settlement Offers

Insurance companies frequently make lowball settlement offers, hoping injured parties will accept quick payouts without objections. A premises liability lawyer can assess the settlement offers and advise you whether to accept or push for fair values.

They can also initiate litigation, which motivates insurers to increase offers to avoid costly trials.

Negligent Property Maintenance

Stores have a duty to maintain safe premises for customers. Negligent maintenance creates hazardous conditions that justify lawsuits.

Examples of negligent property maintenance include:

• Failing to clean up spills
• Ignoring worn or damaged flooring
• Inadequate lighting
• Missing handrails
• Not addressing known hazards

If the store knew or should have known about the dangerous condition but failed to fix it or warn customers, it has breached its duty of care. Documentation of repeated complaints, previous incidents, or deferred maintenance strengthens your negligence claim and justifies legal action.

A judge can award you punitive damages if you prove negligent property maintenance. The role of punitive damages is to punish the property owner and deter others from engaging in similar misconduct that contributed to the injury.

Uninsured Property Owner

While most retail stores carry liability insurance, some smaller businesses or property owners lack adequate coverage. You can initiate a lawsuit if the property owner is uninsured or underinsured.

A premises liability attorney can use the lawsuit to access their personal or business assets for compensation. Without insurance, owners may refuse reasonable settlements, necessitating court intervention to secure payment through liens, garnishments, or asset seizures.

A premises liability lawyer evaluates the above factors to determine whether filing a lawsuit serves your best interests. They can handle the legal procedures, gather evidence, negotiate with insurers, and represent you in court, maximizing your chances of fair compensation.

How Do You Prove Negligence in a Slip and Fall

Proving negligence in a slip and fall case requires demonstrating that the property owner failed to maintain reasonably safe conditions and that this failure directly caused your injuries. A premises liability attorney gathers and analyzes multiple forms of evidence that show what caused the fall.

They can also demonstrate how long the hazard existed, and whether the owner or occupier acted negligently. Below are different types of evidence to establish negligence in a slip and fall claim.

Surveillance Footage

The footage from security cameras is a powerful form of evidence. Video footage can show when the hazard appeared, how long it remained unattended, and moments before the accident.

A premises liability attorney can obtain the footage before the system deletes the file.

Incident Reports

Management often files an incident report when an accident occurs in a store, apartment complex, or workplace. The report documents the scene’s date, time, witnesses, and conditions.

A premises liability lawyer can use the report to identify owner statement inconsistencies. They can also demonstrate that the property owner was aware of the hazard but failed to take corrective action.

Photographs and Videos of the Scene

You can use pictures or videos taken immediately after the fall to reveal conditions like spilled liquid, broken tiles, or uneven flooring. A premises liability attorney uses these visuals to argue that the hazard was visible without corrections.

The image can capture no warning signs, strengthening your negligence claim.

Witness Statements

Eyewitnesses can confirm how long a hazard existed or whether employees ignored it. A premises liability attorney will interview witnesses, including customers, maintenance workers, or bystanders, to support your version of events.

Consistent witness statements can prove that the property owner had ample time to address the issue but failed to act.

Maintenance and Cleaning Records

A premises liability attorney can request cleaning schedules and maintenance logs to identify patterns of negligence. If the records show long gaps in cleaning or maintenance, it supports the argument that the property owner failed to uphold their duty of care.

These documents can also expose falsified or incomplete safety practices.

Employee Testimony

Employees may provide valuable insight into the property’s safety procedures. A skilled attorney can subpoena workers to testify about management’s knowledge of recurring hazards, neglected maintenance requests, or ignored safety policies.

They can use employee testimony to reveal a pattern of negligence by the owner or business.

Expert Testimony

A premises liability attorney can also work with experts, such as engineers, safety inspectors, or accident reconstructionists. These professionals can explain how the hazard violated safety standards and how it directly caused your fall.

Expert opinions lend credibility to your case and help the jury understand technical evidence.

Medical Records and Doctor Testimony

Medical documentation links your injuries directly to the accident. A premises liability attorney will use hospital records, doctor notes, and expert medical opinions to prove that your injuries were consistent with the type of fall you experienced.

They can also establish causation, the connection between the property owner’s negligence and your physical harm.

Who Is Liable in a Slip and Fall Accident

Liability in slip and fall accidents depends on who owned, controlled, or maintained the property where you sustained an injury. Multiple parties may share responsibility depending on the circumstances.

Here are potential parties who may be liable for the accident:

Property Owners

Property owners bear primary responsibility for maintaining safe conditions. Whether it’s a store, shopping mall, office building, or apartment complex, owners must regularly inspect for hazards and repair dangerous conditions.

They should also warn visitors of risks they cannot immediately fix. If an owner knew or should have known about a hazard and failed to address it, they’re typically liable.

Business Tenants

Stores and businesses leasing property often share liability with property owners. Retailers must keep their premises safe and clean, address hazards within their leased space, and provide adequate lighting.

Lease agreements may determine which party handles specific maintenance responsibilities.

Property Management Companies

When property owners hire management companies, these companies may be liable for injury-related losses. They may be liable if they neglected maintenance duties, failed to conduct proper inspections, or ignored reported hazards.

Maintenance Contractors

Third-party contractors hired for cleaning, repairs, or maintenance may be liable if their negligent work created the hazard. For example, a cleaning company that left floors wet without warning signs or a contractor who conducted shoddy floor repair work can share fault.

Don’t Let Property Owner Negligence Go Unchallenged

You’re likely to endure a worsening quality of life after sustaining an injury due to the negligence of a property owner. For example, a severe hip fracture can prevent you from participating in morning walks, your favorite activity.

Further, you may face resistance from an insurer that may reject your claim or make a low settlement offer that doesn’t cover your losses. Our premises liability attorneys at Presley and Presley Trial Lawyers, can establish negligence, negotiate with insurers, or litigate to maximize your recovery.

Call our office at (816) 931-4611 to schedule a free consultation.

Premises Liability Law Frequently Asked Questions