Common Premises Liability Injuries

If you’ve been injured on someone else’s property, you might be entitled to compensation.

Understanding premises liability, though, can be challenging. There’s a lot to unpack, and securing the funds you’ll need to recover is not always guaranteed. Don’t worry, though. The skilled premises liability lawyers at Nix Patterson are here to help you navigate these complexities and fight for the justice you deserve and the compensation you need.

Understanding Premises Liability Cases

Premises liability is a branch of law that deals with the responsibility of property owners and occupiers to maintain a safe environment for individuals who enter their premises. At its core, this area of law seeks to ensure that visitors — whether they are invited guests, customers, or even trespassers — are protected from harm due to unsafe conditions on the property.

Key Elements of a Premises Liability Case

To establish a premises liability claim, four key elements must generally be proven:

• Duty of Care: The property owner or occupier has a legal duty to maintain their premises in a reasonably safe condition. This duty varies depending on the status of the visitor—whether they are an invitee (someone invited for the property owner’s benefit, such as a customer in a store), a licensee (someone allowed to be on the property for their own purposes, like a social guest), or a trespasser (someone on the property without permission).
• Breach of Duty: It must be shown that the property owner or occupier breached this duty by failing to address or rectify unsafe conditions. This breach can result from negligence, such as not repairing a known hazard or failing to implement reasonable safety measures.
• Causation: The injured party must demonstrate that the breach of duty directly caused their injury. This means there must be a clear link between the unsafe condition and the harm suffered.
• Damages: Finally, the injured party must prove that they suffered actual damages as a result of the injury. This can include physical pain, emotional distress, medical expenses, lost wages, and other compensable losses.

It’s also important to understand that in premises liability law, the classification of visitors to a property plays a crucial role in determining the property owner’s duty of care. Here’s a breakdown of the different types of visitors and their corresponding legal protections:

Invitees

Invitees are individuals who are on a property for a purpose that benefits the property owner, often related to business or commercial interests. This category includes customers in a store, diners in a restaurant, or patients in a medical office.

Property owners owe the highest duty of care to invitees. They must ensure the premises are reasonably safe and free from hazards. This includes regular inspections and maintenance to identify and rectify potential dangers. If a dangerous condition is known or should have been known, the property owner is expected to address it or warn invitees of its presence.

Licensees

Licensees are people who enter a property with the property owner’s permission but not for the property owner’s benefit. This group typically includes social guests or friends visiting a homeowner.

Property owners have a duty to ensure that licensees are not exposed to known dangers on the property. However, the level of care owed to licensees is lower than that owed to invitees. Property owners are not required to inspect the property for potential hazards but must warn licensees of any known dangerous conditions.

Trespassers

Trespassers are individuals who enter a property without permission. They are on the property unlawfully and without the property owner’s consent.

The duty owed to trespassers is minimal. Property owners are generally not required to ensure the safety of trespassers. However, there are exceptions, particularly when the property owner knows or should know that trespassers are likely to enter the property. In such cases, the property owner must avoid deliberately harming trespassers and may be required to address certain known dangers if they pose a serious risk of harm.

Now that you understand the basis of premises liability law, let’s take a look at some of the common cases we see.

Common Types of Premises Liability Cases

Premises liability law encompasses a wide range of potential hazards and injuries that can occur when a property owner fails to maintain a safe environment. Here are some of the most common types of premises liability cases that frequently arise:

Slip-and-Fall Accidents

Slip-and-fall accidents occur when someone loses their footing due to unsafe conditions on a property, such as wet floors, uneven surfaces, or debris. These incidents can happen in various settings, including supermarkets, hotels, and public sidewalks.

Fractures, sprains, head injuries, and back injuries are typical in these cases. The severity can vary depending on the nature of the fall and the surface involved.

Inadequate Security

Inadequate security cases arise when a property owner fails to provide adequate safety measures, leading to criminal activities such as assault, robbery, or vandalism. These situations often occur in commercial properties, apartment complexes, and parking lots.

Common Injuries include physical injuries from assaults, emotional distress, and psychological trauma. Liability in these cases depends on whether the property owner should have foreseen the risk and taken preventive measures.

Swimming Pool Accidents

Swimming pool accidents can result from various factors, including lack of supervision, poor maintenance, or inadequate fencing. These incidents can occur in both private and public pools.

Common injuries might include drowning, near-drowning, slip-and-fall injuries, and infections due to poor water quality. Property owners are responsible for ensuring the pool area is secure and safe for all users.

Exposure to Hazardous Conditions

This category includes injuries resulting from exposure to unsafe or toxic conditions on a property. Examples include exposure to mold, asbestos, or harmful chemicals.

Respiratory issues, allergic reactions, and long-term health effects are all common injuries when hazardous conditions are present. Property owners must address known hazards and inform visitors of potential risks.

Negligent Maintenance

Negligent maintenance cases involve injuries caused by the property owner’s failure to properly maintain their property. This can include failing to repair broken stairs, malfunctioning elevators, or other safety features.

Injuries in these cases can vary widely depending on the specific hazard, including fractures from falls, injuries from falling objects, and other types of physical harm.

Dog Bites and Animal Attacks

Dog bites and animal attacks occur when a property owner’s pets or other animals cause harm to visitors. Liability often depends on whether the owner was aware of the animal’s aggressive tendencies.

Lacerations, infections, and emotional trauma are all common. In some cases, liability may be influenced by local laws regarding animal control and owner responsibility.

Regardless of the reasons for your injuries, if they were caused by a property owner’s negligence, you might be able to secure compensation. Let’s take a look at what that might look like now.

Types of Compensation Available in Premises Liability Cases

In premises liability cases, compensation is designed to address the various ways in which an injury has impacted your life. Here are the main categories of compensation available in premises liability cases:

Medical Expenses

This category covers all costs associated with medical treatment for your injuries. It includes hospital bills, doctor’s visits, surgical procedures, prescription medications, physical therapy, and any future medical expenses related to the injury.

Compensation for medical expenses can also include costs for ongoing or future treatment if your injuries require long-term care or have lasting effects.

Lost Wages

If your injuries have prevented you from working, you may be entitled to compensation for lost income. This includes wages you would have earned during your recovery period, as well as any potential loss of future earnings if the injury impacts your ability to work in the long term.

To substantiate lost wages, you may need to provide evidence such as pay stubs, tax returns, or a statement from your employer detailing the time missed, and income lost.

Pain and Suffering

Pain and suffering compensation addresses the physical pain and emotional distress caused by your injuries. This can include both physical discomfort and psychological impacts such as anxiety, depression, or loss of enjoyment of life.

Unlike medical expenses or lost wages, pain and suffering damages are not always easily quantifiable. Factors such as the severity of the injury, the impact on your daily life, and your overall emotional well-being are considered.

Emotional Distress

This form of compensation is intended to address the psychological impact of the injury, such as anxiety, depression, and trauma. It is often included as part of pain and suffering but can be assessed separately in some cases.

Documentation from mental health professionals and evidence of how the injury has affected your emotional well-being is crucial for claiming emotional distress damages.

Loss of Consortium

Loss of consortium refers to compensation for the impact the injury has had on your relationships, particularly with a spouse or partner. This can include loss of companionship, intimacy, and support.

Evidence may include testimony from the injured party and their spouse, as well as any impact on the relationship documented by therapists or counselors.

Property Damage

If your personal property was damaged or destroyed as a result of the accident, you may be entitled to compensation for repairs or replacement. This typically applies if the property damage is directly related to the premises liability incident.

Providing receipts, repair estimates, or replacement costs helps substantiate claims for property damage.

Punitive Damages

Punitive damages are intended to punish the defendant for particularly egregious conduct and deter others from similar behavior. These are awarded in addition to compensatory damages and are not available in every case.

To be awarded punitive damages, the plaintiff must usually prove that the defendant acted with gross negligence or malicious intent.

In premises liability cases, the types of compensation available are designed to address various aspects of the harm and losses you’ve experienced. From medical expenses and lost wages to pain and suffering, understanding these categories can help you better assess the value of your claim and work towards obtaining fair compensation. At Nix Patterson, our experienced attorneys are dedicated to advocating for your rights and fighting for you to receive the full compensation you deserve for your injuries.

Injured on Someone’s Property? Call Nix Patterson Today

Navigating the complexities of premises liability cases can be daunting, especially when dealing with the physical, emotional, and financial repercussions of an injury.

Whether you’ve suffered from a slip-and-fall, an inadequate security issue, or exposure to hazardous conditions, understanding the types of compensation available and your rights under the law is crucial to securing the justice you deserve. If you’ve been injured in a premises liability case, contact Nix Patterson today for a free consultation. Remember, you won’t pay anything unless we win.