Premises liability claims are a legal avenue through which an individual can seek compensation for injuries suffered while on someone else’s property. Property owners have a duty of care to ensure the safety of their visitors. When property owners fail to fulfill this duty and a visitor is injured, the injured party may be able to file a premises liability claim.
Parties Involved in a Premises Liability Case
There are different types of plaintiffs in premises liability cases:
- Invitees
An invitee is someone who is invited onto the property, such as a customer at a store.
- Licensees
A licensee is someone who has permission to enter the property, such as a contractor.
- Trespassers
A trespasser is anyone who enters the property without permission.
- Children
Children are a special class of plaintiff because of their unique vulnerability to danger.
The defendant in a premises liability case is the property owner or occupier.
Different types of visitors are owed different levels of duty by property owners. Invitees are owed the highest duty of care, while trespassers are owed the lowest. Property owners must take reasonable steps to ensure the safety of all visitors, but they are not required to take steps to protect trespassers.
Types of Premises Liability Cases
Some of the most common types of premises liability cases include:
- Slip and fall accidents
- Inadequate security
- Dog bite
- Swimming pool accidents
- Toxic chemical exposure
- Toxic mold exposure
- Asbestos or other hazardous material exposure
- Exposed wires
- Bike or skating accidents
- Falling ice or materials,
- Elevator and escalator accidents
- Negligent construction or maintenance
- Fire or explosion accidents
- Water leaks or flooding
- Negligent security or surveillance
- Amusement park accidents
- Restaurant or retail store accidents
- Accidents as a result of building code noncompliance
- Accidents as a result of building construction, damage, and deferred maintenance
Slip and Fall Accidents
Slip and fall accidents are a common cause of injuries in the United States, particularly among the elderly population. According to the National Floor Safety Institute (NFSI), slip and fall accidents are the leading cause of emergency room visits, accounting for 12% of total falls.
Facts and Figures
- Over one million people visit the emergency room each year due to slip and fall accidents.
- Slip and fall accidents account for over 8 million hospital emergency room visits each year.
- Slip and fall accidents account for 50% of accidental home deaths.
- Slip and fall accidents are the leading cause of workers’ compensation claims.
- Falls are the leading cause of death from unintentional injury in people over 65 years old.
- Over 60% of slip and fall accidents occur in the home.
- Women are more likely to experience a slip and fall accident than men.
- The risk of a slip and fall accident increases with age.
- The direct cost of slip and fall accidents is over $34 billion per year.
- Slip and fall accidents account for 5% of the country’s annual workers’ compensation expenses.
A slip and fall injury victim might have the potential to sue a property owner if the property owner was negligent in maintaining safe conditions on their property. To prove negligence, the plaintiff must show that the property owner had a duty to maintain safe conditions, that the property owner breached that duty by failing to take reasonable care, and that the plaintiff suffered an injury as a result.
Here are some examples of situations where a slip and fall injury victim might have the potential to sue a property owner:
- Slippery floors: If a property owner fails to clean up a spill or provide adequate warnings about a wet floor, and a person slips and falls as a result, the property owner may be liable.
- Inadequate lighting: If a property owner fails to provide adequate lighting in a stairwell or walkway, and a person trips and falls as a result, the property owner may be liable.
- Uneven or damaged flooring: If a property owner fails to repair or replace uneven or damaged flooring, and a person trips and falls as a result, the property owner may be liable.
- Failure to provide safety equipment: If a property owner fails to provide safety equipment such as handrails on a staircase, and a person falls as a result, the property owner may be liable.
- Failure to remove hazards: If a property owner fails to remove a hazard such as snow or ice from a walkway, and a person slips and falls as a result, the property owner may be liable.
It is important to note that the circumstances of each slip and fall case are unique, and liability will depend on the specific facts of the case. If you have been injured in a slip and fall accident, it is important to consult with an experienced personal injury attorney like ours who can evaluate your case and help you understand your legal options.
Elements of a Premises Liability Claim
In a premises liability claim, the plaintiff must prove four elements: duty of care, breach of duty, causation, and damages. The duty of care is the obligation that property owners owe to visitors to keep the premises reasonably safe. Breach of duty occurs when the property owner fails to fulfill their duty of care. Causation refers to the link between the property owner’s breach of duty and the plaintiff’s injury. Finally, damages refer to the harm suffered by the plaintiff.
Defenses in a Premises Liability Claim
There are several defenses that a defendant in a premises liability case may use, including comparative negligence, assumption of risk, and open and obvious danger. Comparative negligence refers to the plaintiff’s own negligence contributing to their injury. Assumption of risk refers to the plaintiff voluntarily engaging in a dangerous activity. Open and obvious danger means that the danger was so apparent that the plaintiff should have been aware of it and avoided it.
Steps to Take in a Premises Liability Case
If you are injured on someone else’s property, there are several steps you should take. Seeking medical attention should be the first priority. You should also report the incident to the property owner or manager and document any evidence that may help your case. Finally, it is important to consult with a premises liability lawyer to evaluate your case and determine your legal options.
Damages in a Premises Liability Case
If a plaintiff successfully proves their premises liability claim, they may be entitled to damages. Economic damages include compensation for medical expenses, lost wages, and other financial losses. Non-economic damages refer to the plaintiff’s pain and suffering. Finally, punitive damages may be awarded in cases of particularly egregious conduct by the defendant.
Premises Liability in Pennsylvania
One of the most significant differences between Pennsylvania and other states is the concept of comparative negligence.
Pennsylvania follows a modified comparative negligence rule, which means that a plaintiff’s damages are reduced by their percentage of fault in the accident. However, if the plaintiff is found to be 51% or more at fault, they are barred from recovering any damages.
Pennsylvania also has a rule known as the “hills and ridges” doctrine. Under this rule, a plaintiff must prove that a property owner had notice of the dangerous condition on their property, or that the condition existed for such a length of time that the property owner should have known about it. However, there is an exception to this rule in cases involving natural accumulations of ice and snow. In those cases, a property owner may not be liable unless they allowed the condition to become an unnatural accumulation of snow or ice.
Finally, Pennsylvania has a statute of limitations of two years for premises liability claims. This means that a plaintiff must file their claim within two years of the date of the injury or they may lose their right to seek compensation.
It is important to consult with an experienced Pennsylvania premises liability attorney to understand how these laws may affect your case. An attorney can provide guidance on how to navigate the legal system and work to help you receive the compensation you deserve.
Poor Basis For Premises Liability
Just because an individual is hurt on another person’s property does not mean that they are automatically entitled to compensation. Some claims that commonly fail include:
- Tripping over a crack on a public sidewalk: While a property owner or business may be liable for an uneven or damaged walkway on their property, they are typically not responsible for maintaining public sidewalks. In cases where an individual tripped and fell on a crack in a public sidewalk, it would be difficult to prove that the property owner or business was liable for the injury.
- Injuries caused by naturally occurring conditions: Property owners are typically not liable for injuries caused by naturally occurring conditions such as rain, snow, or ice. If a person falls and injures themselves due to these conditions, it is unlikely that a property owner or business will be held liable.
- Injuries caused by an open and obvious danger: If a hazard on a property is open and obvious, the property owner or business is typically not liable for injuries sustained due to the hazard. For example, if a person trips and falls over a large sign that is clearly visible, it would be difficult to prove that the property owner or business was liable for the injury.
- Injuries caused by a visitor’s own negligence: Property owners are not responsible for injuries that are caused by a visitor’s own negligence. For example, if a person climbs onto a roof and falls, the property owner would likely not be held liable for the injury.
- Injuries caused by intentional acts: If a person is injured on a property as a result of an intentional act by another person, such as an assault, the property owner or business would not be held liable for the injury.
- Getting hurt on property on which the injured party should not have been such as property that posts no trespassing or property that is secured to prevent visitors such as after business hours.
Conclusion
Premises liability claims are a complex area of law that requires a thorough understanding of the legal obligations of property owners and the rights of visitors. Understanding the different types of premises liability cases, parties involved, and elements required to prove a case is crucial for individuals seeking compensation for their injuries. Seeking legal assistance from a qualified premises liability lawyer is an important
