Premises Liability Cases
What is a premises liability case? Sometimes these cases are referred to under the generic name of “Slip and Fall” or “Trip and Fall” cases, but actually, premises liability cases are a lot more than that. Premises liability refers to the law which applies to holding landowners and/or possessors of land (which includes “premises” of all sorts, such as stores, restaurants, bars, arenas, apartments, vacant undeveloped land, etc.) responsible when they have been “negligent” in the ownership or possession of their property, and such negligence causes harm to a person who is at the property.
The most common type of premises liability case are “Slip and Fall” and “Trip and Fall” cases, but other common types of premises liability cases include dog bite or other “animal attack” cases, or the failure to provide adequate and reasonable security at a given “premises.” Currently, ownership of The Los Angeles Dodgers baseball team is being sued by a gentlemen who was severely beaten following a Dodger/Giants game. This, too, is a type of premises liability case, as it involves issues of whether the Dodger ownership acted reasonably in the nature of the security that was provided to the fans at Dodger Stadium.
In general, the rule of law that is found in California, and probably in most other states, is that an owner or operator of premises has a legal duty to keep the premises in reasonably safe condition or to at least warn of dangerous conditions which the owner or possessor of land knew about or should have known about. As an example, a shop owner has a legal obligation to keep the store in reasonably good condition, and must run the store reasonably carefully, so that the store’s patrons, can enter and remain in reasonably safe within the premises.
Sometimes, in premises liability cases, as well as in other types of negligence cases, there will be issues of “comparative negligence.” In comparative negligence cases, which are quite common, there are factual issues to be determined, as to whether the person who is claiming negligence, was also himself negligent in some manner, which might have been a contributing factor in causing the individual’s own harm.
If you have a “slip and fall” or “trip and fall” accident in a business establishment of some sort, it is usually advisable to report the accident (assuming you are able to do so) to the management of the establishment. You should carefully specify what happened, what caused the accident, provide the names of witnesses to the accident, and any other pertinent details. If, for some reason you are unable to provide a report as described, try to document what happened yourself. Include as much information as you can in describing the circumstances of the event, who was present, what was said, etc. Also, try to take photographs of the area or other things involved in the accident as soon as possible.
The Law Firm of Martin P. Weniz has extensive experience in handling premises liability cases and will tenaciously fight to enforce your legal rights and pursue fair and adequate compensation for your injuries and damages. Call us toll free for a free consultation at 1-866-441-4446. We also handle other types of negligence cases, including wrongful death cases, medical malpractice cases, automobile accident cases, spinal injury cases, etc. All our cases are taken on a contingency basis, and we don’t get paid unless we successfully resolve your case, whether by settlement or trial. We give you the personal attention you deserve for your premises liability case.
For more information, here are other articles we have written to explain the basics of Personal Injury Law: Injury Law FAQ’s and Auto Accidents