Premises liability applies when an accident happens on a property, and the property’s possessor, occupier, or owner can be held liable for injuries and other damages that occur in such cases. Liability applies because these parties are responsible for maintaining the property and the safety of everyone who resides in or visits it. They are also responsible for warning people if they cannot fix an issue promptly or if there is ongoing work to fix it. Different types of premises liability claims can arise, and we will look at some common ones below.
Slip and Fall Claims
These are the most common types of premises liability claims and one of the leading causes of emergency room visits in the United States. They are also the leading cause of traumatic brain injuries, hip fractures, and broken bones in seniors. In some cases, slip and fall accidents are fatal in which case the family can file a wrongful death suit if poor property maintenance caused the initial fall.
These accidents occur when the surface is unsafe to walk on due to the surface being wet, the accumulation of ice and snow, puddles caused by leaks, torn or wrinkled carpets, inadequate lighting, missing handrails, missing stairway steps, and uneven floor surfaces.
The best way to prevent these accidents and thus the claims that arise from them is to fix any issues that can be a slip or trip hazard. Placing adequate signage to warn people about possible dangers can also help.
Elevator Accident Claims
Multi-story buildings use stairs and elevators as the primary means of vertical transportation. The property owner or lessee has a duty to ensure their elevators work correctly. If they do not maintain their elevators, they may be liable for fatalities, injuries, and damages that arise and victims can file a premises liability claim.
Some of the most common elevator accidents that lead to premises liabilities claims are:
- Leveling issues where the elevator does not line up with the floor, causing a tripping hazard.
- Electrocution due to faulty wiring.
- Defective doors that close too fast cause people to be caught between them. Faulty sensors can also cause elevator doors to close too soon, resulting in traumatic amputations or serious crush injuries.
- Falling is caused by a lack of warning signs, handrails, and other fall prevention options if an elevator is defective.
As with slip and fall accidents, preventing elevator injury claims is achieved through regular inspections, maintenance, and testing to ensure the elevator is always safe.
Swimming Pool Accident Claims
You should also file a claim if the property owner fails to keep their pool and the surrounding areas safe resulting in injury. Some leading causes of these injuries include drowning, falls due to slippery decks, and injuries caused by defective attractions like diving boards and slides.
Fencing, adequate supervision, and keeping the pool area dry and clear are all excellent ways of preventing these types of claims.
Every property owner, lessee, or occupant is responsible for protecting those who visit or reside in it. If not, their visitors may get injured and thus be entitled to compensation. Getting a lawyer to file a premises claim is the best thing to do in such situations. Here at Mama Justice – MW Law Firm, we can help you get the compensation you deserve. You can visit our offices at the following locations:
- 2005 West Main St. Tupelo, MS 38801
- 406 Galleria Dr., Suite 7 Oxford, MS 38655
- 1671 Lelia Dr., Suite B, Jackson, MS 39216
- 5100 Poplar Ave., Suite 2700 Memphis, TN 38137
You can also call us today for a free consultation at (888) 484-1476.
