When you are injured on someone else’s property, whether a business or private home, you may have a claim based on premise liability.
Sometimes an injury arises due to a defect with the property itself. In other cases the injury is the result of a failure to properly maintain the property. At M. Blake Heath, Trial Attorney LLC, we can help when you are injured on someone else’s property.
What is Premise Liability?
Premise liability is also sometimes referred to as “slip, trip, or fall” cases. This language often does not fully reflect the complicated issues that can arise in a premise case nor does it accurately reflect the severe injuries someone can experience as the result of a dangerous property condition. Some examples of premise liability cases that might not be obvious are:
- Dog bites
- Water leaks or flooding
- Toxic fumes or chemicals
- Amusement park and swimming pool accidents
To make a premise liability claim, the plaintiff must prove that the property owner was aware of – or should reasonably been aware of – the problem that caused the injury and was negligent in fixing it:
- If a child spills a soda on the floor of a mall and a person walking behind the child falls, the property owner won’t be liable for the fall because it is not reasonable that they could have cleaned the floors within seconds of the spill.
- However, if the spill is reported to property maintenance and it is still not cleaned up or marked as a hazard several hours later, a person who falls may have a claim.
Premise liability can get more difficult to evaluate and litigate if:
- The property is under lease and multiple parties – such as a landowner and licensee – are involved in maintaining it
- If the injured was trespassing
- If the injury involves a swimming pool that often is subject additional regulation, just to name a few complications
The attorneys at M. Blake Heath, Trial Attorney LLC have an impressive track record of success in premise liability cases both in settlement and verdicts at trial. The attorneys know the right questions to ask, and what information is needed to be successful at trial. Common examples of premise liability cases include:
- Falls at stores or restaurants due to substances on the floor
- Failure to properly warn of substances on the floor
- Failure to properly remove ice and snow in parking lots and walking surfaces after storms
- Falls or trips in parking lots or sidewalks due to holes and depressions in walking surfaces
If you or a loved one has been injured while on someone else’s property under circumstances similar to the examples listed above, then you may have a claim. Contact the attorneys at M. Blake Heath, Trial Attorney LLC to learn more about how we can help protect your rights. Fill out this intake form, or call: 816-931-0048