A premises liability case arises when a property owner or occupier fails to keep their premises safe, and another person gets injured due to their negligence. The law holds the property owner responsible for injuries and damages caused to the injured party.
The types of injuries that lead to such cases range from relatively minor wounds to more catastrophic injuries that could lead to disability or even death.
If you or your loved one has been injured on another’s premises, you may be wondering whether you can claim damages for your specific type of injury through a premises liability lawsuit.
Our attorneys at The Dressie Law Firm, LLC can provide personalized guidance to help you determine your eligibility.
Below, we’ve compiled a list of some of the most common premises liability injuries to help you understand whether you have a valid Premises Liability claim and to help you get started with your case. Please read on to learn more.
Most Common Injuries in Premises Liability Cases
Minor injuries such as scrapes, bruises, and lacerations sustained on another’s premises could lead to a premises liability case. However, since these injuries don’t cause irreparable or long-term damage, it is common for the victims to overlook them without filing premises liability lawsuits.
Most premises liability claimants had serious or catastrophic injuries that required significant medical attention and long recovery periods, which affected their quality of life. Such injuries could include;
- Brain Injury: Brain injuries are dysfunctions to the brain caused by an outside force or impact. It can occur after slip-and-fall accidents or if a heavy object hits the victim’s head. Regardless of the cause, traumatic brain injuries are dangerous and are a leading cause of death. Those who survive are often left with varying levels of disability and irreversible life changes, which is why getting compensation in such cases is crucial.
- Broken Bones: Broken bones or fractures can be caused by different types of accidents. With treatment, the victim may likely make a full recovery. However, medical care is expensive, and depending on the extent of the fracture and its location, the victim may be unable to work during the recovery process. Compensation is important in such cases to cover the medical expenses and ensure the victim can pay their bills while they recover.
- Burns: Burn injuries occur when the human body directly encounters fires, lasers, and very hot substances. They are extremely painful and could result in severe damage to the victim’s skin structure. Sometimes, the damage may be treatable with expensive surgery, but in extreme cases, the victim would be left with severely damaged skin and scar tissue, which could affect their quality of life. If the burn accident leading to the injuries was preventable by the homeowner, it is only fair that the victim gets some form of monetary compensation from the person responsible for their predicament.
- Animal Bite Wounds: People who keep animals or pets on their premises have a duty to take care of their animals and ensure that they are not a danger to others. Animal bites are painful, traumatizing, and could be deadly. If you’ve been attacked by an animal on someone else’s property, you can pursue a premises liability claim.
When pursuing a premises liability claim, three fundamental legal concepts come into play: duty of care, breach of duty, and foreseeability. These elements are essential in establishing the negligence of a property owner or occupier.
Duty of Care
The duty of care requires property owners to maintain reasonably safe conditions for visitors or invitees on their premises. This obligation varies depending on the visitor’s status. For example, invitees—such as customers in a store—are owed the highest duty of care, while trespassers receive minimal protection under the law.
Breach of Duty
A breach of duty occurs when a property owner fails to uphold their legal obligation to ensure safe conditions. This could involve hazards like wet floors, broken stairs, or insufficient lighting. If the owner knew or should have known about the dangerous condition and did not take corrective measures, this breach can form the basis of a claim.
Foreseeability
Foreseeability is a critical factor in determining liability. A property owner may only be held accountable if the hazardous condition or accident was reasonably foreseeable. For example, if a grocery store owner fails to clean a spill promptly, it’s foreseeable that someone could slip and fall. Conversely, an unforeseen event—like a sudden natural disaster—may not lead to liability.
If your premises liability case succeeds, you can get financial compensation for your injuries from the party responsible. The compensation could cover,
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Your medical expenses
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Lost wages
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Psychological trauma
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Property damage.
The amount you can get depends on the extent of your injuries. If part of your claim is based on the fact that you suffered financial losses due to your injuries, you may need to establish that the loss actually happened with solid evidence in court.
An experienced Premises Liability Attorney can represent you in court and help collect and present any evidence that supports your claim convincingly to help you achieve the desired result.
The Dressie Law Firm, LLC Can Help You
Contact us today to schedule your free consultation!