When to File a Premises Liability Claim

Imagine this situation. You are walking down the pier to find the best view of the sunset. Suddenly, you trip over an exposed nail resulting in a broken leg. Situations like this are very common. They bring one major question to mind: If someone gets hurt while on another person's property, who is at fault?

The answer to this question depends on if the injury was caused by your own negligence - not paying attention to where you were walking, for example - or the negligence of someone else. Often times, property owners do not give their land the attention is needs. Termite-destroyed decks, exposed nails, uneven floors, or other hazards can result in serious injuries.

Some common factors that may lead to an accident include:

  • Wet floors
  • Poor lighting
  • Falling objects
  • Negligent security
  • Inadequate safe guards (lack of fencing around a pool)
  • Icy sidewalks
  • Broken steps or handrails
  • Improper signage

Whether the property is commercial or residential, owners are responsible for tending to the above hazards to protect their visitors. For example, the owner of a department store should take the necessary steps to clean up a spill in order to keep their customers in the store safe.

There are various elements that a jury will discuss regarding premise liability. Some of these elements include the circumstances under which the person entered the property, property use, the possibilities of the accident being foreseen, or the owner's ability to prevent the accident from occurring.

The Lessem Newstate & Tooson, LLP has recovered millions for injured clients. If you or a loved one was injured on another person's property and are wondering if they have a case to be awarded damages, do not hesitate to call. If the negligence of another person resulted in your accident, the Lessem Newstat & Tooson, LLP will work to make sure they are held responsible.