What Are the Most Common Premises Liability Claims?

Premises liability cases involve claims that assert an individual was harmed due to a specific issue with the premise itself. Failure to acknowledge certain safety risks and improper maintenance of any aspect of a premise are grounds for taking legal action against the owner of the location. You or your lawyer must provide evidence to support such assertions, but most cases are straightforward in their cause. This article discusses some of the most common reasons for seeking premises liability claims.

This type of accident is the most common reason cited for a premise liability claim. In successful cases, slips are reportedly caused by cluttered or unsafe environments that are not being properly maintained. Slip and fall cases require evidence that prove the premise was truly unsafe when the injury occurred. Some items that qualify as evidence are exposed cords, puddles of water, excessive clutter, wires, and open holes on the premise.

Animal bites most commonly reference dog attacks in premise liability cases. These cases typically rule in favor of the victim, especially if the dog has a history of aggressive behavior. If the court rules in favor if the victim, the dog owner must reimburse the victim’s subsequent medical treatment. Though uncommon, dog owners are not always at fault in these cases if the following details are revealed: the victim was trespassing, or the dog was defending itself against maltreatment. Dependent on the nature of the animal bite, the dog owner may have the chance to split the costs of the victim’s medical treatment. This is based on the degree of fault for which the court decides the dog owner is accountable.

Property owners are responsible for the upkeep of their premises. Specific codes require property maintenance and regulation that protects its inhabitants from unnecessary injury. Minor construction faults, like uneven surfacing, are qualifying evidence in this type of liability case.

Two significant consequences of improper premise maintenance are electrocution and toxic exposure:

Drowning is a severe premise liability case that impacts the victim’s family. Drowning cases commonly occur in public swimming arenas and water parks but can also take place in another individual’s home. In any case, courts deem the pool owner at-fault if the victim’s family/lawyer can prove that the pool owner did not soundly address the potential risks associated with swimming. Two pieces of qualifying evidence are a lack of written warning (ex. Regulations/no running sign) and a lack of supervision.  

Fire standards are set to prevent excessive fire damage and help those exposed to the fire get to safety. Fatalities and serious injury result if a location does not meet these standards. A building is deemed unsafe if their fire alarm system is not functional, it is not constructed with adequate exit points for escape, or if the sprinkler system is faulty.   

Inadequate maintenance of escalator and/or elevator mechanisms is grounds for an at-fault ruling in a premises liability case. The machinery involved in both transportation systems require consistent maintenance. The owner of the premise in which either system is utilized is liable to pay for medical expenses associated with the dysfunction of their machine, if it can be proven that inadequate care was the cause of this dysfunction.

Assault is a common liability in public premises like bars, clubs, and arenas. Public venues are at fault for injuries caused by altercations on their grounds if they do not adequately address the risk of assault with the public. Commonly, courts rule public locations as hazardous if they lack security and have a history of past altercations. Establishments that fail to address the bodily risk associated with frequenting their premise are almost always at fault.

Numerous possibilities exist when considering modes of improper premise care and the injuries they cause. The injured individual must first understand what aspect of the location caused their accident to successfully navigate a premises liability claim. From here, they have grounds to claim that the property owner is responsible for their injuries and is therefore at-fault.

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