Premises liability is a body of law that imposes liability on the possessor of land or premises for injuries suffered by persons who are present on the premises. In order for premises liability to apply, the defendant must be in possession of the land or premises and there must be negligence or other wrongful conduct on his part. It is the possession and control of the premises that is key rather than passive ownership.

Landowners and property owners have a duty to keep their buildings, properties, and facilities in a reasonably safe condition. If you or a loved one is injured because of an unsafe condition, you may be entitled to damages.

A person can sustain serious injuries or even death because of a wet floor, a faulty stairwell, a defect in the sidewalk, inadequate lighting, a broken gate, a defective lock, or inadequate security at a public or private location.

Common Types of Premises Liability Cases

Premises liability cases are often referred to as slip and fall accidents because these are the most common type of premises liability claims.

Slip and Fall Accidents

Slip and fall accidents can occur in a variety of public and private settings, including stores, malls, restaurants, parking lots, sidewalks, and other public and private places. Slip and fall accidents have been known to occur when conditions such as the following are present:

  • Wet flooring
  • Loose or torn carpeting
  • A step with no warning
  • Broken sidewalk
  • A manhole with no warnings
  • Uneven ground or level changes without warning

The occurrence of an injury on someone else’s premises does not automatically establish liability on the part of the premises owner. The plaintiff must still prove the defendant’s negligence or other wrongful conduct.

Inadequate Security

A second main area of premises liability concerns inadequate security. Inadequate security cases usually involve situations where someone is victimized by an assault or crime on the business premises. Many of these claims arise at hotels, restaurants, apartments or shopping centers. The lack of security may involve inadequate lighting, absence of security guards or other measures which render the likelihood of assault or criminal activity reasonably foreseeable. The property owner or manager has a duty to use reasonable care to protect those legally on the premises from foreseeable harm.

Other Premises Liability Cases

While slip and fall and inadequate security cases are the most common types of premises liability cases, premises liability lawsuits may stem from any kind of unsafe or dangerous condition in a public or private property, including:

  • Toxic substances
  • Dangerous dogs or other animals
  • Improperly designed or maintained equipment or facilities
  • Failure to warn of hazardous conditions on the property

Not surprisingly, landowners, landlords, and their insurance companies aggressively defend premises liability cases to avoid paying plaintiffs in accident and wrongful death lawsuits. The defendant’s attorney will always try to blame you, the victim. Defense attorneys rely on laws that limit damages based on circumstances; including why the person was on the property (i.e., did the person have permission or were they trespassing?), the purpose of the property, and the foreseeability of the accident or injury that occurred. Hiring an experienced and proven legal team to help you protect your legal rights is critical to navigating these issues.

What to Expect 

  1. After being involved in a pedestrian accident and retaining our services, we will first work to determine the extent of injuries by helping to coordinate treatment with providers in convenient locations near you. At the same time, we will determine applicable insurance coverage, including determining if a commercial policy applies, seek out any relevant liability determinations, and calculate any medical costs incurred. We then evaluate your case as a whole, creating a general idea of what you should be compensated for injuries and damage sustained in the truck accident based on our knowledge and expertise.
  2. Once familiar with the costs, cause, and coverage, we negotiate directly with insurers on your behalf to settle your claim and bring you the compensation you deserve. We don’t let our clients get bullied and pressured into unjust settlements. Settlements can take into account the extent of your bodily injuries and associated medical costs, property damage, time away from work, and pain and suffering.
  3. In the event that we are unable to settle your case prior to a lawsuit being filed, our team of experienced litigators are ready and able to represent you at trial, demonstrating to a jury of your peers why you deserve proper compensation for what you have had to endure.

Time is of the essence after a pedestrian accident when it comes to getting you the compensation you deserve and preserving key pieces of evidence that are vital to your claim. Please do not hesitate to call us at 844-RLF-WINS. Allow one of our expert lawyers to evaluate your case. We do not take a penny for our services unless your case settles.




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