Snellings Law PLLC Attorneys are Personal Injury Trial Lawyers
Premises Liability: What You Need to Know to Protect Yourself After an Injury
Key Takeaways:
- Property owners are legally responsible for maintaining safe environments.
- Premises liability accidents can result in serious injuries like traumatic brain injury, broken bones, spinal cord injuries, or internal injuries.
- Taking immediate steps—seeking medical attention, reporting the accident, documenting hazards, and consulting an attorney—can strengthen your case and ensure fair compensation for medical bills, lost wages, and pain and suffering.
Premises liability is a legal concept that holds property owners and managers responsible for maintaining safe environments. Accidents that happen on someone else’s property can lead to serious injuries, changing lives forever. In this blog, we’ll explain what premises liability is, the types of injuries that can happen, and how you can document an incident if you’re hurt.
What Is Premises Liability?
Premises liability refers to the responsibility property owners or occupiers have to ensure their property is reasonably safe for visitors. This duty applies to public places like stores and parks and private properties like homes and businesses.
If a property owner fails to fix or warn about a dangerous condition and someone gets hurt, the owner may be held liable for the injuries.
Examples of Premises Liability Cases
Slip and Falls
Wet floors, uneven pavement, or icy walkways can cause people to slip and suffer severe injuries. Traumatic brain injuries (TBI), broken bones, and spinal cord injuries are all common severe injuries that can occur from a slip and fall. A direct blow to the head during a fall can lead to concussions, skull fractures, or severe brain trauma. Spinal cord injuries are another significant risk. Fractures and broken bones, particularly in the hips, wrists, and ankles, are also common. These can lead to permanent mobility issues, especially in older adults.
The long-term impacts of these injuries extend beyond physical pain. Ongoing medical treatments, surgeries, and rehabilitation can lead to overwhelming expenses. Permanent injuries may limit daily activities and reduce independence. This can significantly affect one’s quality of life. Emotional strain, including anxiety and depression, often accompanies chronic pain and reduced mobility.
Inadequate Maintenance
Inadequate maintenance can lead to serious injuries with long-lasting consequences. For example, poorly maintained flooring often results in falls that cause broken bones, sprains, or traumatic brain injuries. Faulty lighting in walkways or stairwells can make it harder to see hazards. This increases the risk of fractures or spinal injuries. Unsecured furniture, collapsing structures, or malfunctioning equipment can cause a variety of serious injuries. These include crushing injuries that lead to amputations or severe trauma from falls. Electrical hazards, such as exposed wiring or faulty outlets, may result in burns, nerve damage, or injuries from fires.
These severe injuries often require extensive medical care, including surgeries, rehabilitation, and ongoing treatment. They can profoundly impact mobility, independence, and overall quality of life. Proper maintenance and regular inspections are critical to preventing these dangers and ensuring safe environments for everyone.
Negligent Security
Negligent security can lead to severe and often life-altering injuries. Poor visibility increases the risk of assaults, robberies, or kidnappings, as it allows criminals to take advantage of dark, poorly lit areas. The absence of security cameras further exacerbates the danger. The absence of trained security guards or patrols adds another layer of risk. Guards act as a visible deterrent to criminal activity and can intervene in dangerous situations to protect individuals. Without their presence, individuals are more likely to suffer from serious injuries. These injuries can include broken bones, concussions, or gunshot and stab wounds resulting from physical altercations or other violent attacks. Emotional and psychological injuries, such as anxiety, post-traumatic stress disorder (PTSD), or depression, are also common for victims of crimes in unsecured areas.
Property owners have a duty to take reasonable precautions to reduce these risks. These include installing adequate lighting, maintaining operational security cameras, and employing trained security personnel. When these measures are ignored, the consequences can be devastating for those affected.
Swimming Pool Accidents
Swimming pool accidents can lead to some of the most severe and tragic injuries. This is true particularly when pool areas are not properly maintained or supervised. Drowning is the most catastrophic risk. Drowning often results in loss of life or permanent brain damage due to oxygen deprivation. Even in non-fatal drowning incidents, victims may suffer hypoxic brain injuries that lead to long-term cognitive impairment, memory loss, or physical disabilities, profoundly affecting their quality of life. Children are especially vulnerable in these situations. They may not recognize the dangers or know how to respond effectively if they find themselves in distress.
Unsafe pool areas significantly increase the likelihood of accidents. Slippery decks without adequate grip surfaces can lead to falls. Missing or broken railings, ladders, or diving boards also pose significant risks. Lack of supervision compounds these risks. This is particularly true in public or community pools with large numbers of swimmers. Without trained lifeguards or attentive adults, children may wander into deep water or fail to receive immediate assistance during emergencies.
Beyond physical harm, swimming pool accidents can cause significant emotional and financial strain. Families may face substantial medical expenses, lengthy rehabilitation processes, or the unbearable loss of a loved one. The psychological impact on survivors and their families, including anxiety, PTSD, and depression, can be profound and long-lasting.
Dog Bites
Dog bites often come with long-term consequences. When a dog attacks someone, the injuries can cause serious harm, such as deep tissue damage, nerve injuries, and even permanent disfigurement. In severe cases, especially with large or aggressive breeds, victims may experience bone fractures or muscle tears due to the force of the bite. Children are particularly vulnerable. This is because their smaller size makes them more susceptible to bites on the face, neck, and hands, leading to devastating injuries like facial trauma or vision loss. These physical injuries often require extensive medical treatment, including surgeries, skin grafts, or reconstructive procedures, and can leave lasting scars. The risk of infection is another critical concern with dog bites. Bacteria from the dog’s mouth can enter the wound, leading to serious infections like cellulitis, sepsis, or even rabies.
Victims, especially children, may develop a lifelong fear of dogs or suffer from PTSD, anxiety, or depression. They may struggle to feel safe in outdoor or social settings, significantly affecting their quality of life. Dog bite incidents can also result in significant medical expenses, lost wages, and emotional distress for the victim.
When a dog bite occurs, the dog owner may be held legally responsible. This may be especially true if the dog has a history of aggressive behavior or if the owner failed to take proper precautions to prevent the attack. This responsibility includes ensuring the dog is secured within a fenced yard, properly leashed, or restrained in areas where guests or visitors may be present. Failing to warn visitors about a potentially dangerous dog or allowing a dog to roam freely can further increase the owner’s liability.
Serious Injuries Caused by Premises Liability Accidents
Not all injuries are the same. In premises liability cases, the injuries can range from minor cuts and bruises to life-altering conditions. Some common serious injuries include:
- Traumatic Brain Injuries (TBI): A slip and fall can cause someone to hit their head, leading to a brain injury that may affect memory, speech, and coordination.
- Spinal Cord Injuries: Falling down the stairs or tripping can result in partial or complete paralysis, changing a person’s mobility forever.
- Broken Bones: Severe fractures from falls or being struck by objects can take months to heal and sometimes require surgeries.
- Burns: Unsafe electrical systems, gas leaks, or fires can cause burns with long-term physical and emotional consequences.
- Internal Injuries: Blunt force trauma from falling or being struck can damage organs, leading to life-threatening conditions.
These injuries often require extensive medical treatment, rehabilitation, and sometimes lifelong care. This can place a financial and emotional burden on the injured person and their family.
What to Do if You’re Injured on Someone Else’s Property
1. Seek Medical Attention Right Away
Even if you think your injury is minor, see a doctor immediately. Some injuries, like concussions or internal bleeding, may not show symptoms right away. Medical records will also serve as crucial evidence.
2. Report the Incident
Notify the property owner, manager, or another responsible party as soon as possible. Ask them to make a formal report and request a copy for your records.
3. Document the Scene
Take photos or videos of the hazard that caused your injury, such as a wet floor, broken stairs, or poor lighting. Capture the surrounding area to show the conditions at the time of the incident.
4. Gather Witness Information
If anyone saw what happened, ask for their name and contact information. Witness statements can strengthen your case.
5. Preserve Evidence
Keep any clothing, shoes, or personal items that were involved in the accident. For example, if your shoes were damaged in a fall, they may help demonstrate how the incident occurred.
6. Keep a Record of Your Injuries
Take photos of your injuries as they heal and write down how they’re affecting your daily life. This information can help show the impact of the accident on your quality of life.
7. Consult an Attorney
Premises liability cases can be complex, especially when dealing with insurance companies or proving negligence. An experienced personal injury lawyer, like the team at Snellings Law, can help you navigate the process and fight for a fair resolution.
How Snellings Law Can Help
At Snellings Law, we understand how overwhelming a premises liability case can be, especially when you’re dealing with serious injuries. Our team uses a strategic approach to build a strong case for our clients, including:
- Investigating the Scene: We gather evidence from the accident site, including photos, surveillance footage, and maintenance records.
- Working with Experts: We partner with medical professionals, safety engineers, and other experts to demonstrate how the hazard caused your injury.
- Negotiating with Insurance Companies: Insurance companies often try to minimize or deny claims. We handle all communication to ensure you receive a fair resolution.
To learn more about the damages you can recover in a personal injury claim, watch our video series below:
- Preparing for Trial: If the insurance company won’t offer a reasonable settlement, we’re prepared to take your case to court.
Our goal is to help you recover your medical bills, lost wages, pain and suffering, and other damages so you can focus on healing.
Preventing Premises Liability Accidents
Property owners are responsible for maintaining safe environments. However, there are steps you can take to protect yourself:
- Stay Aware: Pay attention to your surroundings and watch for potential hazards.
- Speak Up: If you notice a dangerous condition, report it to the property owner or manager.
- Avoid Risky Areas: Steer clear of poorly lit or visibly unsafe locations whenever possible.
Don’t Face Premises Liability Alone: Contact Snellings Law
Premises liability accidents can have long-term consequences, but you don’t have to face them alone. If you’ve been injured on someone else’s property, Snellings Law is here to help.
Reach out to us today for a free consultation. We’ll review your case, answer your questions, and help you understand your options for moving forward. Call us at (214) 387-0387 to learn more.
Your safety and well-being are our top priority, and we’re committed to fighting for the justice you deserve.
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