There are many different types of personal injury cases. Those that relate to dangerous property are in the category of premises liability. If an injury arises due to a property owner’s negligence, it can be grounds for a lawsuit.
When Does Premises Liability Apply?
A property owner has a duty to reasonably maintain a safe environment for those who enter the premises. This applies to those who are invited onto the property, either directly or indirectly. For example, a customer is a type of invitee, although the owner of the business may not have directly invited them. Property owners usually aren’t liable for injuries to trespassers. However, there are some exceptions to this rule and child trespassers receive a higher duty of care in certain cases.
In order for an owner to be liable for an injury that occurred on their property, simply proving that they did not maintain the safety of the premises is not enough. All elements of negligence must be present. These are duty of care, breach of duty of care, proximate cause, and damages that resulted from the negligence.
Types of Dangerous Premises Cases
Slip and Fall
Slip and fall accidents are what many people think of when it comes to premises liability. Slipping on a wet floor in a store is one example, although this can also occur due to any poorly-maintained area on public or private property. Some factors that could contribute to a slip and fall include inadequate lighting, broken flooring, or a defective staircase. Injuries from a slip and fall can be very serious depending on the circumstances.
Some fires are no one’s fault. However, if a property owner is aware of a dangerous condition and does not fix the issue, they can be found negligent in the event of a burn injury. Some requirements for property owners include providing functioning smoke detectors, ensuring there are adequate fire exits, and maintaining wiring. Burns can be serious and may require expensive long-term treatment. They can also result in permanent scarring.
Although a dog bite may seem different from other types of property-related injuries, it is actually considered a type of premises liability. Arizona is a strict liability state for dog bites. This means the owner of the dog is liable for any injuries that occur as a result of an attack. The only exceptions to this are if the victim was provoking the animal or if they were not lawfully present on the property.
In severe situations, an injury due to dangerous premises may result in death. An example is if a property owner did not properly fence off a swimming pool and a child drowned. Any of the above cases can also lead to death depending on the extent of injuries.
Experienced Premises Liability Attorneys
At Grabb & Durando, we have extensive experience with personal injury cases, including those related to dangerous premises. If you have suffered due to someone else’s negligence, we will fight to get you the compensation you deserve.