Accidents happen every day, but when they occur on someone else’s property due to negligence, it’s understandable to feel overwhelmed by medical bills, lost wages, and the emotional toll of your injuries. You may have the right to file a premises liability claim to recover compensation for your injuries and losses.
If you’ve been injured on someone else’s property, you don’t have to face this alone. At the Rothenberg Law Firm, we’ve been fighting for accident victims for over 50 years, securing billions of dollars in compensation. Our team of personal injury lawyers is here to help you manage the legal process and seek justice.
What Is Premises Liability?
Premises liability is an area of personal injury law that refers to the responsibility of property owners to ensure that their premises are safe for visitors. When a property owner fails to address hazards or provide adequate warnings about potential dangers, they can be held legally accountable for accidents resulting from their negligence.
Premises liability claims can arise from various situations. If you were injured because of unsafe conditions, you might be eligible for compensation through a personal injury claim. You should talk with a lawyer who can help you understand your rights and minimize any attempt by the property owner or insurance company to blame you for the accident.
Common Types of Premises Liability Accidents
There are many ways someone can be injured on someone else’s property. Let’s explore some of the most common types of premises liability accidents:
Slip and Fall Accidents
Slip and fall accidents are among the most frequent premises liability claims. Most people are familiar with this term. Whether you’re walking in a grocery store, shopping mall, or on a sidewalk, a slip and fall can result from wet floors, uneven surfaces, poor lighting, or unmarked hazards. Property owners are responsible for maintaining safe conditions or providing warnings about dangerous areas.
Injuries from slip and fall accidents can range from minor bruises to severe fractures, head injuries, or even spinal cord injuries. Tragically, these accidents can also lead to long-term disabilities or death.
Negligent Security
When property owners fail to provide adequate security measures, victims may be harmed by criminal activity. Negligent security claims often arise in places like apartment buildings, parking garages, shopping centers, or hotels where the property owner did not take proper steps to protect visitors from foreseeable dangers. These steps could include failing to install security cameras, not having proper lighting, or neglecting to hire security personnel.
Injuries resulting from negligent security can be devastating, including assault, robbery, or worse. The physical and emotional trauma from these incidents can have lasting effects, and property owners who fail to provide a secure environment should be held accountable.
Swimming Pool Accidents
Swimming pool accidents are a particularly tragic type of premises liability case. These accidents can occur at private homes, apartment complexes, or public pools. A drowning or near-drowning incident often stems from a lack of supervision, unsafe pool conditions, or inadequate fencing or barriers to keep people out of the pool area.
Drowning accidents, in particular, are often fatal, especially among children. If someone you love has suffered a fatal or life-threatening injury in a swimming pool accident, you may be entitled to file a wrongful death or personal injury claim.
Dog Bites and Animal Attacks
Dog bites and other animal attacks may also fall under premises liability. If an animal attacks you while you are lawfully on someone else’s property, you may have grounds for a premises liability claim, especially if the owner knew the animal was dangerous and failed to take proper precautions.
Dog bites can lead to serious injuries, including infections, permanent scarring, and emotional trauma.
In many states, including New York, New Jersey, and Pennsylvania, dog owners are responsible for injuries caused by their pets. If you’ve been injured in an animal attack, speak with an attorney about your rights.
Fires and Explosions
Fires and explosions can happen on commercial or residential properties due to faulty wiring, improperly stored chemicals, or other hazards. Property owners are responsible for ensuring their premises meet fire safety codes and regulations. When they fail to do so, fires can cause catastrophic injuries, including burns, respiratory issues, and even death.
Falling Objects
The property owner may be held accountable if a falling object strikes you, whether from an unsteady store shelf or construction materials on a worksite. Falling object accidents can lead to severe head injuries, neck injuries, and even traumatic brain injuries. Property owners must ensure that items are safely secured and that construction zones are properly managed.
Who Can Be Held Liable in a Premises Liability Claim?
In premises liability cases, multiple parties may be held responsible for the unsafe conditions that led to your injury. An experienced personal injury lawyer works to identify who is liable, which is fundamental in determining the success of your claim.
Liability often extends beyond just the property owner, depending on the circumstances of the accident and the type of property where the injury occurred. Here are some examples of who might be held liable in a premises liability claim:
Property Owners
The primary responsibility for maintaining a safe property falls on the owner. Whether the property is residential, commercial, or public, the owner has a legal obligation to keep the premises free of hazards or warn visitors about potential dangers. Failing to address these hazards could result in them being held liable for any injuries that occur.
For example, if you slipped and fell in a grocery store due to a wet floor that wasn’t properly marked, the owner of the store may be liable for failing to keep the premises safe.
Property Managers
In cases where the property is managed by someone other than the owner, such as a property management company, they may also be held responsible for maintaining the premises. Property managers are often in charge of day-to-day maintenance, safety checks, and ensuring compliance with local regulations. If they neglect these duties, they could share liability for an accident.
Tenants
If the property where your accident occurred is rented, the tenant might be liable depending on the type of accident and whether they were responsible for the hazardous condition. For example, if a tenant fails to address unsafe conditions in a rented home or business space and someone is injured, the tenant may bear liability.
However, the owner could still be liable if they were responsible for the dangerous condition or if they were aware of the hazard and did not take appropriate action.
Businesses and Employers
Business owners and employers have a duty to maintain safe environments for their employees, customers, and visitors. This applies to offices, retail stores, restaurants, warehouses, and any other type of commercial property. They could be liable for any resulting injuries if they fail to address hazards such as unsafe flooring, inadequate security, or unmarked dangers.
Government Entities
The government agency responsible could be liable if the accident occurred on government-owned property, such as a public park, sidewalk, or building. However, filing a premises liability claim against a government entity can be more complex, as it often involves specific rules, shorter filing deadlines, and additional hurdles compared to cases involving private property owners. Working with a knowledgeable lawyer who can help you navigate these complexities and protect your rights is essential.
Third-Party Contractors
In some situations, a third-party contractor, such as a cleaning or maintenance company, may be responsible for the hazardous condition. For instance, if a cleaning company fails to place warning signs around a wet floor, leading to a slip-and-fall accident, it could be held liable.
Security Companies
In cases of negligent security, a private security company contracted to provide safety on the premises may be held accountable. If the company failed to provide adequate security measures, such as not hiring enough staff or failing to monitor security cameras, they could share liability with the property owner or manager.
Can You Be Blamed for the Accident?
In some premises liability cases, property owners may attempt to argue that the injured person was partially responsible for their injuries. This can happen in several circumstances where liability may be questioned, including:
- Trespassing: Property owners generally owe no duty of care to trespassers, though there are exceptions. If the property owner knew or should have known that trespassers were likely, they may still be liable if they failed to warn of dangerous conditions. Additionally, property owners are expected to take extra precautions to protect children from harm, even if they are trespassing, under the “attractive nuisance” doctrine. For example, leaving a pool area unsecured could lead to liability if a child trespasses and is injured or drowns.
- Failure to Pay Attention: If the injured party was distracted and did not notice a clearly marked hazard, the property owner may argue that the injured person was partially at fault. This is common in slip and fall cases where hazards, like wet floors, are marked with signs.
- Ignoring Warnings: If a property owner had clear warnings in place—such as a “Caution: Wet Floor” sign—and the injured party ignored them, the property owner might argue that the person was responsible for their own injuries.
- Engaging in Reckless Behavior: In cases where the injured person was acting recklessly or engaging in dangerous activities that contributed to the accident, the property owner might try to shift blame to the injured party.
However, even if the injured party’s actions are questioned, this does not necessarily prevent them from recovering compensation. Premises liability cases follow a comparative negligence system in states like New York, New Jersey, and Pennsylvania.
This means that if you are found partially responsible for your injuries, your compensation may be reduced by the percentage of your fault. For instance, if it’s determined that you were 20% responsible for the accident, your compensation could be reduced by 20%.
Minimizing Your Liability, Maximizing Your Claim
Partial liability doesn’t bar recovery in these states. A skilled attorney can work to reduce the percentage of fault attributed to you and advocate for the full compensation you deserve, even if the property owner or their insurance company tries to blame you for the accident.
Laws vary by state, so working with a personal injury law firm with a nationwide reach, like The Rothenberg Law Firm, gives you access to the resources you need to litigate a personal injury claim. Our experienced premises liability attorneys will examine the laws in your jurisdiction and ensure your claim is handled correctly.
Injuries Resulting from Premises Liability Accidents
Premises liability accidents can lead to a wide range of injuries, depending on the type of accident and the conditions present. Some of the most common injuries include:
- Broken Bones: Falls or being struck by objects can lead to fractures, which may require surgery and extensive recovery time.
- Head Injuries: Concussions or traumatic brain injury (TBI) can occur in slip and fall accidents, or from being struck by a falling object.
- Spinal Cord Injuries: A severe fall or physical assault could result in a spinal cord injury, leading to paralysis or other long-term disabilities.
- Burns: Fires, explosions, or contact with hazardous materials can cause burns, which may require surgery, skin grafts, and long-term care.
- Drowning: Drowning accidents, especially in swimming pools, can be fatal or lead to brain damage due to lack of oxygen.
Filing a Premises Liability Claim: Statute of Limitations
Acting quickly is important if you’ve been injured in a premises liability accident. Each state has a specific deadline for filing personal injury claims, known as the statute of limitations.
In New York, New Jersey, and Pennsylvania, the statute of limitations for most personal injury claims is generally two years from the date of the accident. However, there are exceptions depending on the specifics of the case, and waiting too long to file can result in you losing your right to pursue compensation.
This makes it crucial to consult an attorney as soon as possible after your accident. An experienced lawyer will ensure your claim is filed within the legal timeframe, preserving your ability to seek justice and compensation.
How a Lawyer Can Help You with a Premises Liability Claim
At the Rothenberg Law Firm, we understand how overwhelming it can be after an accident. Whether you were injured in a slip and fall, a swimming pool accident, or due to negligent security, we are here to help you every step of the way.
Our team has secured billions of dollars in compensation for clients injured by the negligence of others, and we have the resources to fight for you.
A premises liability claim can be complex, especially if the property owner or their insurance company tries to argue that you were at fault. Our attorneys will thoroughly investigate your case, gather evidence, and work to minimize any attempt to shift the blame onto you.
We’ll handle all communication with insurance companies and other parties involved, ensuring your rights are protected at every stage. If insurers refuse to offer a settlement that compensates you for your injuries, we are not afraid to file a personal injury lawsuit and take your case to court. Our seasoned trial lawyers are comfortable in the courtroom and ready to fight for your rights.
Contact the Premises Liability Lawyers at The Rothenberg Law Firm
If you’ve been injured on someone else’s property due to unsafe conditions, you deserve justice and compensation for your injuries. At the Rothenberg Law Firm, we’ve been helping accident victims for over 50 years and are here to fight for you.
Contact us today for a free consultation and case evaluation. There are no upfront costs, and you won’t pay any lawyer fees unless we secure a settlement or verdict on your behalf. Let us help you get the compensation you deserve—reach out to us now to discuss your case. Call our main office at 800-624-8888 or contact us online to get started.
