Individuals and businesses have a duty to keep their property reasonably safe and remove any potential hazards that could pose a risk to the health and safety of visitors to the property. When they are negligent in this duty, then the victim may have a premises liability claim. The personal injury attorneys at Mike Agruss Law have a proven record in representing victims in premises liability cases involving businesses, private homeowners, and larger companies. If you or a loved one have suffered injuries due to the dangerous conditions on another’s property, then call us right now to set up your free consultation to learn more about your right to pursue a premises liability claim to recover your financial losses.
What is premises liability?
Premises liability is a type of tort and is the legal concept that a property owner must maintain their property so that visitors do not get hurt. Thus, they are responsible for any injuries that are caused by their negligence in meeting this duty. Whether their negligence was intentional or not, the property owner or the party with control over a promise can be held accountable for the financial losses a victim suffered.
What are the different types of premises liability cases?
There are numerous different types of premises liability cases. The specific type depends on where the accident took place and what factors contributed to the accident. Although there can be myriad types of premises liability cases, the most common are the following:
- Slip and fall
- Dram shop liability
- Swimming pool accidents
- Dog bites
- Snow and ice accidents
- Porch collapse
- Stair collapse, as well as accidents on elevators and escalators
- Amusement park accidents
- Water leaks and spills
What is needed to prove a premises liability accident case?
It’s important to understand that just because you were injured on someone else’s property does not mean that the property owner was negligent and that you will surely be awarded compensation. When deciding whether or not to award a victim compensation, the question will come up of whether or not the victim acted carelessly or in a way that contributed to the accident. The court will consider what a reasonable person would have done in order to protect themselves against injuries, and if the plaintiff acted reasonably to avoid injury to themselves. For example, if you were running by a pool area where signs stated that running is prohibited or walking into restricted areas on a business’ premises, the court may decide that although an unfortunate accident happened, the property owner was not careless or negligent.
It’s also important to note that in a premises liability case, your attorney doesn’t necessarily need to prove anything; they just need to make a strong argument that the other party should have reasonably known that the premises posed a risk to guests or visitors and that they failed to take steps to remedy the hazard. There are usually some facts that need to be established to do this:
- That the defendant owned, was occupying, or was leasing the property
- That the defendant breached their duty of care and was negligent
- As a result of this breach, the plaintiff was injured
In order to win compensation for your injuries, you will need to prove negligence, such as showing that you took reasonable care to prevent injury to yourself or that the defendant was negligent.
Common Premises Liability Injuries
Because of the many types of premises liability accidents, the types of injuries can vary.
Fractures are common after a slip and fall, which are the most common premises liability claims that are filed. Of these types of accidents, hip fractures are the most common, followed by fractures in the wrist and elbow, typically from trying to catch oneself during the fall.
When chemicals are improperly stored and cause spills or a victim touches a hot surface, then they may suffer severe burns. If a property owner has not fixed faulty wiring, then injured victims may be able to recover compensation for their injuries. Burns may also be caused by explosions on a property.
Neck, Back, and Spine Injuries
These are some of the most common injuries in premises liability cases, particularly slip and fall cases. The discs in the neck and spine, which make up the vertebrae, are surrounded by soft tissue. The vertebrae allow the back to move and absorb shock. But under extreme pressure and compression, the disks can fracture and puncture the tissue, leading to temporary or permanent, full or partial paralysis.
Traumatic Brain Injuries (TBI) are another common type of injury in premise liability cases. They can range from mild, such as a concussion, or lead to lifelong neurological issues.
A victim of electric shock can file a lawsuit against the property owner and potentially recover damages. If the electrocution was due to the individual having contact with a source of electricity because of the property owner’s negligence, they will be held liable.
Exposure to Toxic Chemicals
A premises liability lawyer can help you sue a negligent party if their negligence caused injury through exposure to toxic chemicals. The most common places where individuals may be exposed to toxic chemicals are restaurants, auto parts or paint stores, and car repair shops.
Contact A Chicago Premises Liability Attorney for a Free Case Evaluation
When you have been seriously injured in a premises liability case, then you may not be capable of handling your case on your own. You may require expert legal guidance from an experienced Chicago premises liability lawyer who can inform you of your rights and do the necessary work for you so that you can focus on your recovery.
A common issue seen in these types of personal injury cases is that the insurance adjuster may deny your claim on the basis that the victim is partially responsible for their accident and that the property owner shouldn’t be solely liable for what happened. Your consultation with Mike Agruss Law is free, so call now to learn more about how we can help you.