Property owners and tenants should be knowledgeable about premises liability accidents. If a person gets injured while on your property, the person in control of the property may be held liable for the accident. Property owners and others who control a property and its activities are expected to keep the environment safe and have insurance against accidents.
A premises liability attorney can help accident victims file a claim against the liable party.
Common Types and Causes of Premises Liability Accidents
Perhaps the most common type of premises liability accident is a slip and fall accident. These accidents can happen in almost any setting, from a shopping mall to an office. Slip and fall accidents can be caused by simple forms of negligence, such as:
- Wet floors
- Poor lighting
- Clutter or obstacles
- Cracked or uneven pavements
- Exposed cables
- Loose carpets
Another common form of premises liability accident is injury by falling objects. This can often occur in retail settings, warehouses, and construction sites. If objects are improperly secured or stored, they can come loose and cause injury to passersby.
Poor security can contribute to many types of accidents. For example, someone might experience an injury in an unlit parking lot or construction site. The injured party could attempt to claim the site wasn’t secured properly and that the owner should’ve taken steps to prevent them from gaining access.
In a gym, spa, or swimming pool, someone could become injured or unwell due to inappropriate use of the facilities. For example, if someone gets ill in a sauna or is injured after getting fingers or toes caught in a pool drain, they may claim there was inadequate supervision in the facilities.
Common Premises Liability Injuries
Some common injuries that accident victims are likely to make claims for include:
- Concussions
- Whiplash
- Broken bones
- Burns
- Deep cuts or lacerations
- Spinal injuries
- Strains and sprains
- Dog bites
If a person’s injury is severe enough to require time off work or incur medical expenses, they may make a claim against the venue owner or the business that operated out of the venue.
Payouts in premises liability claims depend on the extent of the negligence, the severity of the injury, and whether the injury affects the claimant’s day-to-day life.
A premises liability lawyer can help you understand the claims process and ensure the liable party is correctly identified.
Who Can Be Held Liable in Premises Accidents?
Depending on where an accident took place and the use of the property, several people could be held liable for a premises accident, including:
- The building owner
- The tenant of the building
- Any company working in or around the building
- The local authority if the accident took place in a park or on a street
For example, if someone slipped and was injured in a mall while heading to a store, the mall owner may be held liable. If they were injured due to a product in a store falling off a shelf, the store owner could be considered liable.
Proving Liability in Premises Claims
Accident victims who want to make a premises liability claim need to prove the person they’re claiming against had a duty of care and was negligent in that duty. In some cases, the claim can be complex and have mitigating factors.
If a young person was injured because they went into a construction site and started playing on the equipment, the owner of the construction site could claim the young person was trespassing, and, therefore, they didn’t have a duty of care to them. The injured party could claim the company carrying out the construction work should’ve put up signs and barriers or employed security staff to prevent members of the public from gaining unauthorized access to the site.
These factors are all taken into account when premises accident claims are considered. It’s essential for people trying to make a claim to document their cases carefully and show how and why they believe a specific party’s negligence contributed to their accident.
How Long Do You Have to File a Liability Claim in Beverly Hills?
In general, the statute of limitations in California is 2 years from the date of an injury. Some exceptions exist, such as if the accident occurred on government property. However, for most claims, you have 2 years from the date of the accident to make your claim against the liable party.
If you think you have a premises liability claim, don’t delay starting the process. Call BD&J to discuss your options today.
