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Do I Have a Premises Liability Claim

Episode 113: Calloway County injury attorney Jeff Roberts provides the answer to the question, “Do I have a premises liability claim?” He’ll begin by explaining what that type of claim is and then how this can happen at a place of business or even at someone else’s home. What Is a Premises Liability Claim? It’s a claim against a property owner for an injury that occurs on someone else’s property. It must be attributed to some kind of negligence on their part. If that can be proven, they can be liable for your medical bills, lost wages, your pain and suffering and other damages. You must be able to prove negligence on behalf of the property owner, or someone who leases the property from the owner. Premises Liability Claims in a Commercial Setting This occurs when someone slips on a liquid in the aisle of a grocery store or other retail store. It could be dish soap from a punctured bottle, drops of milk from a container, oil at an automotive store, etc. This are often referred to as slip and fall injury. The slip and fall injury claim doesn’t have to involve a liquid. A piece of paper or dryer sheet from an open package laying on the floor could actually cause a hazard. Determining Negligence Involves a Number of Factors If there’s water on the floor near the ice machine, and the business knows that often occurs, did they take steps to properly address the situation? Did they place floor mats on the floor, was there a cone to indicate the floor might be slippery? If not, they may be negligent. If a child spills a liquid in the aisle, the parent leaves the area and someone else slips on the substance, it’s possible the store didn’t have the opportunity to discover the issue and to clean it up. But, if the store personnel are notified of the spill, or find it on their own and don’t take steps to clean it up in a reasonable amount of time, they may be held liable for their negligence. Kentucky is a pure comparative fault state. It may be decided the person who slipped and fell may have some blame for the resulting injury. The insurance company is going to argue the injured person should have noticed the hazard and walked around it or avoided the area. Since they chose not to, they are at least partly responsible. Trip and Fall Claims These cases involve an injury resulting from an item intruding into the walkway, which caused the patron to trip over it and sustain an injury. It could be a box, cord or other item on the floor that is laying in the designated walking area. Pure comparative fault can apply in these circumstances. Items Falling Off of the Shelf An item falling from a shelf can hit a shopper in the head, shoulder or other body part. It could cause significant injuries, such as a broken bone or head injury. Injuries in Common Areas Apartment complexes have common areas where injuries can occur, including the area in or around the pool, a stairwell, laundry room, etc. An injury to a renter or visitor to the apartment complex could result in a premises liability claim against the owner or management company of the complex. If the lighting is inadequate or the lights have been burned out in a stairwell, for a period of time. If the issue isn’t resolved and an injury occurs, it could be proven to be negligent behavior on behalf of the owner or management of the complex. If a guest slips on the floor inside the apartment, or is bitten by a pet, it could result in a premises liability claim against the renter, not the owner or manager of the complex. Can a Homeowner be Sued for Premises Liability? Yes. If the homeowner has a hole in their yard and a guest twists an ankle or injures a knee, because they weren’t warned in advance by the homeowner. If there’s a problem with the front porch steps and a delivery person is injured while delivering a package, the delivery person could file a premises liability claim, in addition to a workers’ comp claim. If the railing on the back deck gives way and injures a guest, this can result in a premises liability claim against the homeowner’s insurance policy. If the homeowner knows about a hazard on the property and fails to adequately warn a guest or guests, this can be negligence. If it’s a situation involving rotted wood, it would have been there for some time. It’s a dangerous situation the homeowner knew or should have known about. For this reason, a resulting injury to a guest, delivery person or other may result in a successful claim. If you know you have a hazard on your property, block it off, fill it in or do something to repair the hazard before someone gets injured. Make people aware of the issue. Is It Time to Speak with an Attorney about Your Premises Liability Claim? The office phone number is (270) 753-0053. Visit http://www.JeffRobertsLaw.com. Podcast provides information and is not legal advice. Principal office: 509 Main Street, Murray. Jim Ray is a non-attorney spokesperson. This is an advertisement.