Injured Due to Negligence? 10 Claims That Need a Premises Liability Lawyer
If you are injured on someone else’s property because they failed to maintain safe condition, you may be able to recover damages.
Your injury might cause you to miss work or be unable to carry out basic family and professional responsibilities. You are entitled to compensation for that loss, and a premises liability lawyer can help you get it.
There are other circumstances where you may be entitled to compensation for injuries. Contact a premises liability lawyer if you have been involved in any of the following scenarios.
1. Muggings /Assault
If someone tried to steal your purse as you walked to your car in an underground parking lot, you may be entitled to damages from the owner of the garage. They had an obligation to keep the premises well-lit and secure with onsite attendants or security cameras.
Maybe someone broke into your hotel room and took your possessions. Here is another case where the owner of the hotel had a responsibility to his guests to maintain reasonable security.
If you have been the victim of a crime while on someone else’s property, you should contact a premises liability lawyer.
2. Swimming Pool
Sadly, many cases concerning premises liability have to do with swimming pools. Many states have strict rules about the obligation of a property owner to secure their swimming pools due to the high numbers of accidents that happen there.
Swimming pools are known as “attractive nuisances.” In other words, they attract individuals, especially children, to trespass.
It is reasonable to assume that people may try to swim in a pool at night, or when the property owner is not home. Therefore, the property owner is responsible for making it difficult for people to trespass and hurt themselves.
If you or someone you care about has suffered an injury in a swimming pool, you should talk to a premises liability lawyer.
3. Nursing Home
Nursing homes are another location where people often suffer injuries. It can be anticipated that senior citizens will have mobility and balance problems, so the places where they live need to take precautions for their safety.
Each state has a series of regulations which govern the precautions nursing homes and senior centers need to take. For example, there should be handlebars in the bathrooms. Staff members need to maintain appropriate certifications and undergo training.
Just because your relative has slipped and fallen at her senior center, it does not mean there is negligence or abuse involved. However, you might want to discuss the facts with your attorney, just in case.
4. Construction site
Construction sites are required to maintain high levels of safety for the people who work there. There are many dangerous elements on work sites. Cranes, scaffolding, and heavy machinery can all cause injuries if they are not maintained properly.
Employees are entitled to special protections under federal laws like OSHA.
If you are hurt on the job, maintain all medical records and documentation about the space and injury in question. Photos of the site may also be helpful.
Playgrounds are a frequent location for accidents. Equipment like swings and slides must be maintained well to prevent any injuries. Padding or other soft materials are usually required underfoot because kids are likely to fall.
A playground may be public property which makes it the responsibility of the municipality. Other playgrounds are privately owned, like those on the premises of an apartment building. In all cases, the owner of the property, whether a private entity or a government office, has a responsibility to keep the area safe and reasonably free from hazards.
If your child has been injured due to a negligently maintained playground, you should contact a premises liability lawyer.
6. Dog Bite
The responsibility to keep property safe extends beyond equipment. If you have a dog, you are required to take precautions against that dog hurting anyone else. Many dog owners erect fencing to prevent dogs that bite from escaping and hurting someone.
Some breeds of dogs are considered more likely to cause injury, like pit bulls.
Your chances of recovery in a premises liability case may be affected by your role in the situation. People who have teased or antagonized dogs may be found to have played a role in their own injury. But if you were hurt by a pet that attacked you without being provoked, you may have a case against the dog owner.
You would be surprised how many people fall down public stairways through no fault of their own. Falling down a flight of stairs can cause broken bones and other serious injuries.
The owner of a building is supposed to make sure that stairways are well lit and protected with sturdy banisters. Exit signs need to be clearly visible.
If you were using the stairs as they are supposed to be used and you still sustained an injury, you may have a cause of action against the owner of the property in question.
Escalators present all of the hazards of stairways plus more.
It is imperative that property owners of malls and other heavily trafficked areas with moving staircases keep them in proper working order. They must also post clear signs to show people when to step onto the escalators.
Escalators which are moving too quickly or which have insufficient barriers may pose a risk. If you have been hurt while riding on one of these, consult with an expert in premises liability law.
Elevators pose great risks to riders if they are not maintained safely. You can get stuck in between floors and hurt yourself trying to escape. If the elevators are in a skyscraper, height makes the risks even greater.
Many people have been gravely injured by elevators falling down shafts at high speeds, or elevator doors closing unexpectedly.
If the building owner did not follow the codes dictating safe elevator operations and maintenance, you may be able to sue.
Ski resorts, bowling alleys and other recreational facilities must take special measures to protect their guests.
Yes, it is possible to hurt yourself while skiing through no fault of the property owner. But the owners of recreational businesses have an obligation to make sure their equipment and premises do not present any risks that their guests would be unable to anticipate.
Like all of these situations, you probably will not be able to recover if you were behaving recklessly or in a way that invited injury. But if you hurt yourself due to the owners’ negligence, you may have a case.
Contact a Premises Liability Lawyer: Know Your Rights
If you have been hurt on someone else’s property, contact an attorney for more information. You should not suffer because someone else fell down on the job of keeping you safe.
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Cab Driver, Fall Down