When patrons visit a business to shop and are injured, that business may be liable for unreasonably dangerous conditions on the property. Slip and fall cases illustrate the details of premises liability law. If a piece of sidewalk is broken, but not noticeable to the average person, it could pose a serious risk of injury.
Amusement park injuries are often caused by the failure to properly maintain rides or the premises. This gives rise to premises liability claims, a cause of action against the owners or managers of the property. Elevator accidents and electrocution accidents are two more examples in which people may get injured due to the negligence of the owner or manager.
Hotels and motels also may be liable for guest injuries that occur on their premises as a result of poor maintenance or negligence. Water damage can cause ceilings to cave in or walls to collapse. Faulty fire alarms and fire extinguishers or negligence in failing to properly notify guests are also potential areas of liability for hotels and motels.
Dangerous stairways and staircases frequently form the basis of litigation. The lack of handrails or uniformity in design are potential reasons for liability.
Usually, one of the most important factors to consider in bringing premises liability cases is the knowledge of the property owner regarding the condition. If it can be proven that the property owner knew about the dangerous condition on their property and failed to fix it, then premises liability law can usually be imposed.
Another factor to consider is the potential recovery from an insurance company. If a negligent property owner knows of a defective condition that caused injury to another, but has not insured themselves against that risk, then a case may not be worth pursuing if the property owner does not have substantial assets. Many businesses have broad policies that cover their potential risks. However, certain intentional conduct or conduct that may be expensive to insure (such as environmental damages) may not be contained in their policies.
Premises liability claims are generally difficult cases that require the testimony of experts. Expert testimony can be costly, and thus, the damages suffered by the victim must make the case worth pursuing economically. Experience with handling these premises liability cases is also a must. Your premises liability attorney should have experience with the insurance agreements that cover these risks, as well as experience in handling these types of cases.
In deciding whether or not to bring a case for premises liability, make sure that the defective condition of the property was known by the property owner or was so obvious that it should have been known by them. This is the biggest hurdle to overcome in evaluating these cases.
If you or a loved one has suffered a serious injury as the result of an accident, please contact Page Law Firm, P.C. at (804) 352-2030 for a free consultation. We will review your information and respond within 24 hours.
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