Owners and operators of businesses and properties are required to maintain a safe environment for visitors and staff members. Neglecting to maintain your building may result in significant injury to someone who falls due to poorly maintained flooring or defective wiring.
The National Safety Council reported over 6.8 million emergency room visits related to falls. Unfortunately, 21% of fatal emergency department visits resulted from falls.
If you suffer injuries on someone else’s property and believe a property owner is at fault, you can seek compensation with the legal counsel of an experienced premises liability attorney. The personal injury attorneys at Nessler & Associates can help you file a lawsuit against the responsible party to recover damages for your injuries.
What is Premises Liability?
Premises liability cases refer to personal injury claims in which a plaintiff suffers an injury while on someone else’s property due to the owner’s negligence. A premises liability lawyer can help you prove these elements in a premises liability lawsuit:
The Owner Owed a Duty of Care to Reasonably Maintain Their Property
An owner’s duty of care is to ensure that guests are safe while visiting their property. If the owner is reasonably aware that the property has problems, they may need to repair, maintain, or replace parts so that no one else will suffer harm.
The Owner Failed to Correct a Dangerous Condition
A dangerous condition refers to a hazard on the property that poses an unreasonable risk of harm to others. This hazard could be a wet floor, a cracked sidewalk, or an icy parking lot. Under premises liability, property owners who are aware of dangerous conditions but fail to fix them are liable if a visitor sustains injuries from them.
You Suffered Injuries and Damages as a Result of the Hazard
Serious injuries can result from an accident caused by hazardous conditions on the premises. Injuries can include:
- Broken bones
- Nerve damage
- Muscle strains
- Soft tissue injuries
- Traumatic brain injuries
A broken bone or head injury occurs in one of five falls. In most cases, falls are responsible for traumatic brain injuries (TBI). Additionally, over 95% of hip fractures occur due to falling sideways.
An experienced premises liability attorney can assist you in gathering evidence to support your premises liability claim. They know where to find supporting evidence and who to consult with in support of your claim. Your attorney can also negotiate with the insurance companies regarding the validity of your claim so that you receive fair compensation.
Common Types of Premises Liability Cases
Several incidents may result in premises liability on a property. These are a few of the most common types of premises liability cases:
Slip-and-Fall and Trip-and-Fall Accidents
Hazardous defects, including broken guardrails, inadequate lighting, and uneven flooring, can lead to slip-and-fall accidents. Retail stores, supermarkets, and commercial businesses can have wet and slippery floors and sidewalks that lead to falls.
Slips-and-falls are the third most common reason wholesale and retail workers suffer injuries. The National Institute for Occupational Safety and Health cites several workplace factors such as spills, loose matting, poor lighting, and poorly maintained flooring for these accidents.
Many trip-and-fall accidents occur when someone trips over an object or a defect on the floor. There are a variety of reasons that can cause a trip and fall accident, such as uneven paving stones on the sidewalk or an elevation change between the road and the sidewalk
Property owners must ensure their properties are secure with surveillance equipment and emergency procedures to protect visitors from foreseeable crimes such as robberies. They can be liable if a visitor suffers an injury during an attack on a property.
Attractive Nuisance Injury
Attractive nuisances are unsafe and enticing conditions on a property that may attract children, even if they do not have permission to enter it. These conditions can include swimming pools, trampolines, and tree houses.
The owner should provide sufficient warnings and secure the property to prevent children from entering and sustaining injuries. If a child suffers injuries or death from a drowning accident in a swimming pool, the owner may be legally responsible for the child’s injuries.
Accidents on Snow and Ice
The property owner is responsible for clearing snow and ice from walkways and pathways to prevent injuries. However, leaving snow unshoveled and uncleared can turn it into slippery ice. Snow and ice accumulation can cause pedestrians to lose their footing and slip on walkways.
Those who neglect to maintain and upgrade their buildings may be held liable for any risk created by their negligence. This negligence can include hazardous appliances, wiring, and stairways within their facilities.
Dog Bite Accidents
Dog owners are responsible for damages and injuries their dogs cause to visitors on their properties. If someone else’s dog bites you, you may have grounds to file a dog bite claim. Dog bites and related injuries accounted for $881 million of all homeowners’ liability claims in 2021. Homeowners’ insurance companies paid an average of $49,025 for dog bite claims.
How Can a Premises Liability Attorney Help You With a Personal Injury Claim?
When you work with Nessler & Associates, we move quickly to investigate the cause of the accident. We specialize in premises liability claims and can help ensure we handle your case by taking the following steps:
Investigation of the Accident
We collect evidence, such as surveillance footage and photos. Your lawyer can also conduct interviews with other visitors who saw your accident. This evidence helps us determine exactly what happened so we can build their case against the property’s owner.
We also work with experts such as building inspectors and engineers. These experts can testify how a property owner could have reasonably repaired a dangerous condition and prevented injuries.
Estimation of Your Claim’s value
Every year falls cost the health system $50 billion. Severe injuries from a fall can result in hospital stays of 6 to 12 days and costs of $19,376 to $32,215. If you have to get medical treatment, we can assess the damages from your medical bills, treatments, and follow-up visits.
We can consider your lost wages if you miss work to recover. Our team may also speak to your medical providers and independent medical witnesses about your injuries to better understand their impact.
Legal Representation in Filing a Premises Liability Claim
Insurance companies may try to pressure you into accepting a claim quickly so that they don’t pay more money for your injuries. They may also not offer enough money for all your losses. We protect your rights throughout the settlement process with the insurance company.
If you need to take your case to trial, we can help you recover fair compensation for your losses before the jury. Many cases go through the court system each year. The Department of Justice (DOJ) estimates that about 7% of civil trials involve premises liability cases.
Therefore, we can prepare your case and argue for your right to a fair settlement before the judge or jury. As of 2005, juries awarded an average of $98,000 in premises liability settlements.
What Damages Can You Receive from a Premises Liability Claim?
The law firm of Nessler & Associates will work with you to identify the types of compensation you could receive in your settlement. We can help you recover compensation for these damages:
Past and Future Medical Bills
Our lawyers can review all your healthcare costs related to emergency care and long-term medical treatment. The costs can include the following:
- Prescribed medications
- Consultations with doctors, including specialist trips
- Physical therapy and occupational rehabilitation
- Assistive devices such as wheelchairs and walkers
Loss of Wages
These pieces of evidence help your lawyer calculate your lost income:
- Income tax returns
- Pay stubs and W-2s
- Payroll records showing health insurance benefits and contributions to your retirement account.
We also consider any lost opportunities for salary increases, such as promotions and bonuses, for your loss of wages.
Pain and Suffering
Expert medical testimony and records can demonstrate the pain and suffering from your injuries. We recommend that you write a journal to document the effects of your injuries on your quality of life. We can also gather testimony from friends and family members about what activities you can no longer perform since your accident.
Call a Premises Liability Lawyer at Nessler & Associates
If you believe that the property owner is liable for your injuries, the experienced premises liability attorneys at the law offices of Nessler & Associates can help you with your claim. We can advise you of your rights and the next steps in filing a premises liability claim.
Our attorneys work on a contingency fee arrangement, so we do not charge our clients until they receive a settlement. Contact us today at (800) 727-8010 for a free consultation and find out if you have a premises liability case.