As patrons, we never expect anything to go wrong when visiting local businesses. Whether it’s a trip to the grocery store, a night out at our favorite restaurant, or even a quick weekend stay at a nearby hotel, we want to enjoy ourselves, get things done, and go about our daily lives. Sadly, personal injuries happen all the time, especially when property owners and other people responsible for maintaining a business overlook or don’t address potentially dangerous conditions that can lead to premises liability claims.
Property owners face premises liability claims when they don’t keep you reasonably safe. Cases can arise from many hazards, from a wet floor to poor lighting to a poorly maintained staircase. Let’s discuss a few of them in today’s blog post.
First Things First: Not Every Premises Personal Injury Claim Is Successful
Just because someone is injured on someone else’s property doesn’t mean a property owner can or should be held liable. Circumstances matter, including, but not limited to, any and all of the following:
- What caused the injury
- Who was responsible for the property
- Whether the person knew or should have known about the dangerous condition
- If the injured party was negligent or ignored certain warning signs
- Whether reasonable steps were taken to address the hazard
As you can see, property owners do have rights, too. You can’t just assume any injury on someone else’s property will be ruled in your favor. All the facts must be presented and examined before you can determine whether you have a valid claim.
A Quick Note About Actual Notice vs. Constructive Notice
The difference between actual and constructive notice can be especially important in deciding whether a property owner or manager should have known about a dangerous condition. Actual notice occurs when the owner or manager of the property has actual, unquestionable knowledge of the hazard. This knowledge can be proved by referring to past complaints or employee reports. Proof can also include maintenance requests or documented repairs.
Meanwhile, constructive notice usually requires circumstances showing the condition was present for an extended period or was so obvious that the property owner or manager should have noticed it in the course of their normal duties, without being told.
This distinction can make the evidence at your accident particularly crucial. Photographs, witness statements, surveillance video, maintenance records, prior complaints, and the property’s condition may help establish how long the hazard existed and whether the owner had a reasonable chance to correct it.
Proving an owner is liable for an accident is difficult without proof of actual or constructive notice.
With all of this said, it can help to know the most common hazards that may lead to a successful premises liability claim.
Premises Liability: 7 Common Dangerous Conditions That Could Warrant a Claim
Wet or Slippery Floors
Over one million people visit the emergency room each year after a slip-and-fall injury, and the injuries that can result from them range from bruises and strains to broken bones, head injuries, and more. For instance, let’s say you’re walking into the grocery store, and a sudden rainstorm hits as you’re leaving. Water accumulates near the entrance, causing you to slip and fall. Or perhaps the store’s cleaning crew recently waxed or mopped the floors, especially after a food or drink spill. In either case, if they didn’t do all they could to dry the area, block it off, or post visible “wet floor” signs, you could have a case.
If you believe you have a valid wet floor slip-and-fall, things like incident reports, witness statements, photos, video, surveillance footage from the store, doctor visits, etc., can establish what happened, when, where, and how.
Uneven or Damaged Walking Surfaces
When it comes to premises liability, property and business owners are responsible for every inch of a property and how it is safely maintained. This includes addressing certain dangerous conditions involving sidewalks, parking lots, walkways, and other surfaces. Cracked pavement, potholes, broken concrete, uneven sidewalks or flooring, etc., can create tripping hazards. Next thing you know, you’re walking normally and may not notice a damaged area until it is too late.
An accident involving an uneven walking surface can cause a person to fall forward, backward, or to the side. Photographs, witness statements, surveillance video, maintenance records, prior complaints, and the property’s condition may help establish how long the hazard existed and whether the owner had a reasonable chance to correct it.
Unsafe Conditions at Rental Properties
Premises liability claims aren’t limited to restaurants, grocery stores, and the like. Many times, personal injuries from dangerous conditions can also happen at apartment buildings, rental homes, and other residential or commercial properties. We mentioned broken stairs, defective railings, inadequate lighting, and dangerous flooring. But leaks, damaged walkways, and other unsafe conditions can also occur. Landlords and property managers may have responsibilities relating to the maintenance and safety of rental properties. However, those responsibilities can depend on the circumstances, the type of property, the nature of the hazard, and applicable law. A tenant or visitor who is injured because of a dangerous condition may have questions about who was responsible for fixing the problem and whether the property owner or manager knew about it.
Documentation can be particularly important in these situations. If you previously reported a dangerous condition, keep copies of emails, text messages, maintenance requests, or other communications concerning the problem.
Poor Lighting
When lighting is insufficient for employees, customers, etc., this increases the likelihood that any hazards will go unnoticed until it is too late. Shadows can conceal uneven flooring, damaged sidewalks, loose carpeting, stairway edges, or wet spots on walkways. Areas that normally appear safe during daylight hours may become dangerous after sunset or whenever interior or exterior lighting fails—thus setting the stage for injury. Fortunately, the law may provide a path toward recovering compensation when unsafe property conditions at commercial buildings, apartments, retail centers, and more contribute to your injuries.
Liability frequently depends on whether the dangerous condition existed long enough for a reasonably careful property owner to discover and correct it. In some cases, evidence may show that employees were already aware of the problem but failed to fix it.
Dangerous or Defective Stairs and Handrails
If you think about it, we see examples of this all the time on routine outings. Broken steps, loose flooring, missing handrails, uneven step heights, and more can become dangerous when they are poorly designed, damaged, improperly maintained, or worse, ignored altogether. A person who loses their footing on stairs can suffer serious injuries because of the height and force involved in the resulting fall. A fall down several steps can lead to broken bones, lacerations, head trauma, spinal injuries, and more.
If you are injured due to defective stairs and handrails, don’t assume that simply falling on someone’s property establishes liability. The details of the condition and the property owner’s responsibility for maintaining it can matter.
Debris and Objects Left in Walkway
Objects left in places where people are expected to walk can create dangerous conditions and lead to another type of premises liability hazard. For instance, boxes, merchandise, tools, and cords left near an entryway or narrow hallway can cause problems. Other objects may create tripping hazards in stores, offices, apartment buildings, restaurants, construction areas, and other properties. The location and visibility of the object may also matter. A large, clearly visible object may be easier for a person to avoid than a small item that blends into the surrounding environment.
Businesses and property owners may have procedures for inspecting their premises and removing potential hazards. Whether those procedures were followed and how long a dangerous condition existed can become relevant in a premises liability claim. After an accident, photograph the object or condition that caused your injury if you can safely do so. Also consider photographing the surrounding area to show where the hazard was located and how visible it was.
Unsafe Parking Lots and Garages
Parking lots and garages present several potential hazards for pedestrians. Potholes, broken pavement, inadequate lighting, debris, standing water, damaged curbs, and other conditions can cause trips and falls. Poorly maintained surfaces may become especially dangerous during rain, ice, or other adverse weather conditions.
Parking garages can present additional concerns because of limited visibility, ramps, changes in elevation, and pedestrian traffic. If you are injured in a parking lot or garage, the property owner may not necessarily be the only party involved. Depending on the circumstances, responsibility for maintenance may belong to a business, property management company, landlord, contractor, or another party. This is one reason it’s important to determine who controlled and maintained the area where the accident occurred.
Call Keys Law Offices Today!
A personal injury case of any kind, such as a slip-and-fall claim, can interrupt your life in an instant, leaving you with stress, injuries, and unanswered questions about what comes next. At Keys Law Offices, we are determined to support individuals and families struggling with such issues and offer them advice and representation in slip-and-fall cases and other personal injury claims.
With deep knowledge of how these cases are handled, our firm will work to get to the bottom of the case, build a strong claim, and seek the financial compensation our clients deserve.
Assistance is available, and help is only a phone call away.