A premises liability lawsuit arises when someone is injured on another person’s property. The property owner may be held liable for the injuries if they were caused by the owner’s negligence in maintaining the property.
There are three main types of premises liability lawsuits: slip and fall accidents, trip and fall accidents, and negligent security cases. Below is everything you need to know about these three types of premises liability lawsuits.
Defining Slips, Trips, and Falls
It’s important to note the difference between slips, trips and falls since they all fall under the premises liability umbrella. According to OSHA, a slip is “a trip hazard caused by a slippery substance on the floor or ground,” while trips can be caused by “uneven walking surfaces, objects in the walking path, holes in the ground, and many other conditions.” Falls are more serious accidents that can occur when someone slips or trips and then falls from a higher level, like off a balcony or down a flight of stairs.
Slip and Fall Cases
Slip and fall accidents are the most common type of premises liability lawsuit. These cases usually involve someone slipping on a wet or slippery surface, like a spilled drink in a restaurant or water on a bathroom floor.
Trip and Fall Cases
Trip and fall cases are similar to slip and fall cases, but usually involve someone tripping over an object that was left in the walking path, like a toy in a daycare center or a power cord in an office.
Negligent Security Cases
Negligent security cases arise when someone is injured due to the property owner’s failure to provide adequate security. In addition to slips, trips, and falls, these cases can also involve assaults, robberies, and other crimes.
To win a premises liability lawsuit, the injured person must prove that the property owner was negligent in maintaining the property. This means that the owner knew or should have known about the dangerous condition on the property and did not take steps to fix it, which is usually grounds for a premises liability lawsuit. In addition, the injured person must prove that they were actually injured due to the property owner’s negligence.
Is it Hard To Win a Premises Liability Lawsuit?
The answer to this question depends on the facts of each individual case. If the property owner was clearly negligent in maintaining the property, then it may be easier to win the lawsuit. However, if the injured person was partially at fault for their own accident, it may be more difficult to win.
Committing fraud or exaggerating your injuries will also make it more challenging to win a premises liability lawsuit. This is why it’s important, to be honest with your lawyer and only seek compensation for the injuries you actually sustained.
Are Private Injuries Different Than Public Injuries?
The difference between private and public injuries is that private injuries occur on someone’s private property, while public injuries occur on government-owned property.
There are different rules for each type of premises liability lawsuit. For example, a property owner typically has a higher duty of care to invitees (people who are on the property for business purposes) than they do to trespassers (people who are on the property without permission).
What Should You Do If You’ve Been Injured on Someone Else’s Property?
If you’ve been injured on someone else’s property, it’s important to seek medical attention right away. This will not only ensure that you get the treatment you need, but it will also create a record of your injuries.
You should also take pictures of the accident scene and save any receipts for medical treatment or other expenses related to the accident. These can be used as evidence in your premises liability lawsuit. Finally, you should contact a personal injury lawyer to discuss your case.
For more information on premises liability lawsuits, contact a personal injury lawyer in your area.