In a general sense, a premises liability claim is made when an injured party seeks compensation for personal injuries sustained as a result of the failure of a person or entity to maintain a safe and/or hazard-free property. A property owner or occupier has a legal obligation to keep visitors safe. When that obligation is not met, and an individual suffers injuries as a result, the property owner or occupier can be held liable for the injuries sustained.

 

Although slip and fall cases are one of the most common forms of premises liability claims, premises liability itself expands across a wide range of incidents including, but not limited to:

 

• Inadequate maintenance

• Falling objects

• Chemical exposure

• Criminal attacks on property

• Hazardous/Unsafe parking lots

• Negligent security

• Construction defects

• Uneven/Cracked sidewalks or walkways

• Elevator and escalator accidents

 

Generally, to prevail in a premises liability claim, the injured individual must prove four (4) elements:

 

1. The owner of the property owed the injured party a duty of care;

 

2. The property owner breached their duty of care;

 

3. The breach was the proximate cause of the injured party’s injuries; and

 

4. The injured party sustained damages as a result.

 

There can be several complexities associated with attempting to pursue a premises liability claim on your own. Some of those complexities can include identifying all the parties who owed a duty of care, collecting critical information and evidence supporting causation of the injuries, retaining expert witnesses to evaluate the conditions leading to the injuries, and determining whether the presence of the injured party on the premises was lawful.

 

For those reasons, it may be beneficial to consult with a skilled, personal injury attorney to represent your best interests and help maximize your financial and physical recovery. If you have been injured as a result of a hazardous or unsafe condition present on someone else’s property, call us today at (314) 492-2380 or send an email, to schedule your free consultation.