A premise liability claim is filed by a personal injury attorney and their client when they have reason to believe that the injury their client suffered was specifically due to negligence on the part of the property owner. These are commonly filed against businesses that have hazards in their stores that end up getting someone injured.
They include cases where someone slips on a floor that is left wet and unmarked or when someone trips over an obstacle that was left in a path where it was reasonable to expect people to be walking. Not all of these cases are likely to win, however.
There have to be reasonable guidelines for the business in establishing whether or not they were negligent. For example, no business is really liable if you slide down the rail on an escalator, fall off and break your arm. However, If the escalator was wet and slippery or the railing suddenly stopped and caused you to take a tumble, the jury might find in your favor. There is an element of common sense in these cases.
When you’re in a commercial property, the owner has some obligation to let you know if an area is dangerous. They’ll generally put out warnings or notices on the wall or floor if there are any potential hazards. If you violate these notices, you may not have a case that would really stand much of a chance in court. If you slip and fall on a wet floor that is not marked, however, or end up tripping over something that is not flagged, you might have a case.
Talking to a Lawyer
A personal injury law firm may be willing to meet with you for a free consultation where they can discuss your case and determine whether or not it’s worth going to court over. If it is, they may take you on a contingency so that you can avoid paying any upfront fees and so that they can get started working for you right away. There’s no way to be sure that you’ll win, but a good lawyer makes it more likely that you will.