Personal Injury Law Center

Premises Liability / Slip and Fall

Premises liability is a broad term used to apply to a wide range of accidents and injuries that happen on someone else’s property. Slip and fall accidents – or trip and fall accidents – are one of the most common types of premises liability lawsuits, but they can also involve other accidents and injuries, such as dog bites, swimming pool accidents, and elevator accidents.

Because a premises liability claim involves a number of complex legal theories, and requires a detailed factual investigation, contact a premises liability attorney as soon as possible for help with a slip and fall lawsuit.

 

What Is Premises Liability?

Property owners and managers of commercial or residential property have an obligation to safely maintain it. Premises liability holds property owners and managers responsible for any accidents, injuries, or deaths which occur on their property caused by their negligence in the design or maintenance of the premises or their failure to warn of the danger.

A premises liability lawyer can help you understand the specific laws of your state, determine whether you have a legal claim, and fight to get you money damages for your injuries.

 

Common Types of Premises Liability Lawsuits

Premises liability claims can involve a wide range of accidents, but some of the more common types of premises liability lawsuits involve the following accidents:

• Slip and Fall Accidents. Falls continue to be one of the leading causes of unintentional injuries in the United States, resulting in approximately 8.9 million emergency department visits each year. Moreover, falls are a leading cause of injury-related fatalities for adults age 73 and older, and the second leading cause of death for adults between the ages of 60 and 72.
• Dog Bites and Animal Attacks. Approximately 4.5 million Americans are bitten by a dog each year, according to the Center for Disease Control & Prevention (CDC), with one in five of these dog bites serious enough to require medical attention. State laws vary regarding liability for dog bites, with some states holding owners liable for injuries and damages caused by an unprovoked dog; other states have “one bite laws,” under which dog owners are only liable if the dog has previously bitten or attacked someone.
• Elevator and Escalator Accidents. Many multi-story buildings – whether a hotel, office building, apartment building, shopping center, or condo building – have elevators and escalators so that people can move around the building more easily. While elevators and escalators are generally an efficient and safe mode of transportation, they are not without risks and hazards. Some of the more common causes of elevator and escalator accidents include: elevator door entrapment, sudden acceleration or deceleration, improper maintenance, or defective parts. Depending on the cause of the elevator or escalator accident, the property owner/manager or product manufacturer can be liable for any resulting injuries.
• Stairway Accidents. Stairways are present in almost every building, and may be present on the grounds surrounding a building as well. Stairway accidents can happen for a number of reasons, such as slippery steps, loose or broken steps, inadequate lighting, or defective railings.
• Swimming Pool Accidents. Swimming pool accidents can include drowning, near drowning, and slip and fall injuries. Swimming pool owners – whether a hotel pool, a backyard pool, or a public municipal pool – have an obligation to take certain precautions to prevent swimming pool accidents and drowning. For instance, the owner may be obligated to install fencing or provide a lifeguard.
• Car Accidents. Car accidents in a parking lot of a commercial establishment – such as a hotel, restaurant, or shopping mall – could involve premises liability if the property owner failed to provide adequate safety measures or failed to warn motorists of certain hazards.

 

Should I File a Slip and Fall Lawsuit?

If you were injured on someone else’s property, whether a commercial property or residential property, you probably have a number of questions about your legal rights, and wonder whether it makes sense to file a slip and fall lawsuit or other premises liability claim. In some situations, a commercial property owner (or its insurance company) might make a slip and fall settlement offer. For instance, if you were injured in a slip and fall accident at a hotel, you may receive an offer of money from the hotel’s insurance company. If this is the case, you will need to decide whether to accept the slip and fall settlement offer or pursue a slip and fall lawsuit. If, on the other hand, you did not receive a slip and fall settlement offer, you will have few options aside from filing a slip and fall lawsuit.

Premises liability lawsuits are subject to statutes of limitation, or time limits, on when the lawsuit can be filed so it is important to contact a premises liability lawyer as soon as possible in order to ensure a timely filing of the lawsuit.

In deciding whether to file a slip and fall lawsuit, or other premises liability claim, there are several things to consider:

• Insurance companies are in the business of generating profits, so they often offer the minimum slip and fall settlement possible.
• Because medical treatment is often not complete at the time an insurance settlement is offered to you, it won’t include amounts for future medical expenses, lost wages, or rehabilitation. A lawsuit will be able to account for all damages, including current and future medical bills, lost wages, pain and suffering, and emotional distress.

 

Personal Injury Damages

If you choose to file a slip and fall lawsuit, or other premises liability claim and are successful in proving that the defendant is liable, you may be able to recover the following money damages:

• Past and future medical expenses
• Past and future rehabilitation expenses
• Past and future lost wages
• Past and future pain and suffering
• Past and future emotional distress

 

Contact a Personal Injury Lawyer

Because there are strict time limitations on when an injured person can sue for a slip and fall (some states require service, not filing, to commence a lawsuit) or other premises liability claim, it is important to talk with a slip and fall attorney as soon as you can. The time in which a person may bring a slip and fall lawsuit varies state by state. A premises liability attorney will be able to determine the applicable time period. It is important to contact a slip and fall lawyer promptly after an accident or injury on someone else’s property in order to preserve the necessary evidence to support your slip and fall lawsuit or premises liability claim.