What Are the Most Common Types of Premises Liability Claims?
In premises liability law, property owners are legally responsible for injuries that happen because of unsafe conditions on their property. The most common claims involve physical injuries to an individual as a visitor because the property owner did not create and maintain a safe environment.
While the claims may vary, some are more common than others, based on the type of hazards visitors face from the property owner. When someone gets injured on someone else’s property, the Diaco Law’s premises liability attorneys have experience helping victims get the compensation they deserve.
1. Slip and Fall Accidents
Slip and fall incidents are one of the most common types of premises liability claims. A slip and fall injury happens when someone slips or trips because of wet floors, uneven surfaces, debris, or poor lighting.
For example, slipping on a spilled drink in a grocery store or tripping on broken stairs at an apartment building. The injured person must show that the property owner knew, or should have known, about the hazard and either failed to fix it or warn the visitor of the hazard promptly.
2. Inadequate Security Claims
A property owner must provide adequate security to visitors to protect them from foreseeable criminal acts. Inadequate security claims arise from an assault or attack that was made easier because of inadequate lighting, insufficient or no security personnel, broken or ineffective locks, or missing video surveillance.
3. Dog Bite and Animal Attack Claims
Dog bites that occur on private property are another common premises liability issue. Each state has different laws, but dog owners can be responsible for dog bites if they did not restrain the dog or inform others of its aggressive nature.
4. Swimming Pool Accidents
Premises liability claims involving swimming pools are typically caused by a lack of fencing around the pool, slippery pool decks, or a lack of supervision that leads to drownings or serious injury.
Property owners who have swimming pools must employ safety measures because swimming pools pose a significant risk, especially for children.
5. Elevator and Escalator Accidents
Elevator and escalator accidents that cause injuries will frequently lead to premises liability claims. The injuries are often caused by mechanical failure when elevators or escalators stop suddenly or malfunction, causing serious injury to the user.
6. Toxic Exposure
Exposure to toxic chemicals, often due to neglect or failure to maintain the property, can cause premises liability claims when people suffer from mold, asbestos, or exposure to unsafe/unhealthy chemicals.
If the worker/visitor suffers harm due to the hazardous conditions, they may be eligible to be compensated under a premises liability theory based on the property owner’s negligence.
Key Takeaways
- Slip and fall accident claims comprise most premises liability claims.
- Property owners must take reasonable action to provide adequate security for visitors.
- Dog bite injuries on private property are common claims.
- Swimming pool accidents and elevator accidents often include failure to provide and maintain safety.
- Poor maintenance can cause unsafe conditions and injuries.
- Toxic exposure claims arise from negligence in maintenance on behalf of the property owner.
