There are numerous situations in which people may have grounds for premises liability lawsuits. People hurt due to unsafe property conditions may sometimes have the right to take legal action. They can file a premises liability lawsuit against a property owner or business.
Many premises liability lawsuits relate to slip-and-fall incidents, issues with aggressive dogs or dangerous property conditions, such as unmaintained roofs or balconies. Proving negligence on the part of a business or property owner is often a key component of a successful premises liability lawsuit.
What is negligence?
Negligence occurs when one party creates unsafe circumstances. Negligence can involve a default or a failure to act in a situation where appropriate action could prevent injury to others. Negligence can also involve inappropriate conduct, such as engaging in reckless behavior.
In many premises liability lawsuits, the basis of the claim stems from a default related to security or property maintenance. The failure to maintain facilities, keep spaces clean or have enough staff on hand could directly contribute to an incident that leaves someone injured. A slip-and-fall could send someone to the hospital and cost them tens of thousands of dollars. A person who experiences a same-level fall has a roughly one-in-twenty chance of breaking a bone.
Omissions related to security, including allowing anyone to access an apartment building or choosing not to install parking lot lights, could lead to preventable criminal activity. Allowing a dangerous dog to roam free, failing to restrain the animal before visitors arrive or ignoring the need for obedience training could also all constitute negligence.
Negligence allegations typically need to meet the reasonable person standard. Plaintiffs need to show that another reasonable adult could easily foresee the negative outcome. If other adults readily acknowledge that certain actions could have prevented an incident or that unsafe behavior directly caused it, then the injured party may have grounds to take legal action.
Reviewing the circumstances that led to injuries with a skilled legal team can help people determine if they can pursue a premises liability lawsuit after a slip-and-fall or similar incident. Successful premises liability claims can compensate people for property damage losses, medical expenses and even wages they did not earn because of their injuries.