Premises liability is a section of the law that addresses your safety when you enter or go on a property owned by someone else. The definition of premises liability is two-fold:

  1. You, as a customer or tenant, have a reasonable expectation to not be hurt on property belonging to a business or landlord; and
  2. The property owner or landlord has a responsibility to provide a relatively safe environment for their tenants or customers.

If a property owner fails to do their duty, and you are hurt as a result of that failure, you have certain rights. One of those rights is to seek financial compensation from the property owner for your personal injuries and other damages.

At Colombo Law, our lawyers have been working with the victims of premises liability accidents for many years. If you or a loved one has been hurt on someone else’s property, and you aren’t sure what to do next, contact us to find out if you have a case.

What Qualifies as a Premises Liability Accident?

Many personal injuries can be classified as premises liability accidents. It really just depends on where the accident occurred. If an accident occurs at work it is a workplace accident; however, if an injury or accident occurs on someone else’s property you may have a premises liability case.

Premises liability covers many different case types. At Colombo Law, our premises liability lawyers have experience with:

  • Slip and fall accidents
  • Dog bite injuries
  • Nursing home injuries
  • Swimming pool accidents
  • Injuries resulting from a break-in or robbery
  • Playground accidents
  • Construction site accidents
  • Injuries resulting from fights or assaults at bars and other alcohol-serving establishments
  • Amusement park accidents
  • Injuries resulting from elevator/escalator malfunctions

These are just a few of the places and ways premises liability accidents can occur. While it is unfortunate and scary that you could be injured without warning on someone else’s property, contacting the premises liability lawyers at Colombo Law can be a helpful step towards healing and getting the compensation you deserve.

Slip and Fall Accident Statistics

The most common way you could be injured on someone else’s property is by slipping and falling. All it takes is a wet floor or some rickety stairs and, before you know it, you could be flat on your back suffering severe injuries and pain.

According to the National Floor Safety Institute, falls account for 8 million emergency room visits, or 21.3 percent of all emergency room visits, each year. Below are some additional statistics on slip and fall injuries:

  • Fractures and broken bones are one of the most common side effects of falls, occurring in roughly 5 percent of all falls.
  • Slips and falls are the number one cause of workers’ comp claims, accounting for 85 percent. They’re also the number one cause of occupational injuries for people older than 55.
  • Flooring alone is responsible for over 2 million falls every year.
  • 50 percent of accidental home deaths start with a fall, most of these happen on the same level and are not falls from an upper level.
  • 1 out of 3 people over 65 years-old will fall every year; half of these people have fallen before.
  • The likelihood of falling increases as each decade of a person’s life passes.
  • 60 percent of the deaths that result from falls are in individuals who are 75 or older.
  • 40 percent of fall cases where the victims can be compensated are falls from elevation, whereas 60 percent are falls on the same level.

Slip and Fall Accident Injuries

As with anything, the injuries an accident causes can be minor or they can be severe and permanent injuries.

We have helped the victims of premises liability accidents receive compensation for things like:

  • Head and neck injuries
  • Concussions
  • Spinal cord injuries
  • Traumatic brain injuries
  • Fractures and broken bones
  • Bruising
  • Scarring and disfiguration
  • Cuts, scrapes, and puncture wounds
  • Joint, tendon, or ligament injuries
  • Partial or complete paralysis

How Slips and Falls Happen

People can slip and fall even when they are paying attention to their surroundings. Hidden defects in property and walking surfaces can be hard to see and cause serious injuries. Common causes of slips and falls include:

  • Icy surfaces
  • Wet floors
  • Obstructions
  • Improperly maintained structures, stairs, and floors
  • Poor lighting
  • Uneven sidewalks
  • Holes

These kinds of conditions can occur on or in:

  • Stores
  • Restaurants
  • Construction sites
  • Nursing homes
  • Parking lots
  • Sidewalks
  • Stairs
  • Escalators
  • Skywalks
  • Elevators
  • Parks
  • Entertainment venues
  • Private residences
  • Rental properties

Demonstrating Negligence in Slip and Fall Cases

If you slip and fall and are injured on a commercial or residential property, the first phone call you’re likely to receive will be from an insurance adjuster. Remember, no matter what this person says, they are not trying to help you. Their job is to protect their customer and help the insurance company get away with paying you as little as possible.

In an effort to do this, they will try to claim that the slip and fall was your fault. They’ll either say you weren’t paying attention to your surroundings or claim that their client had no role in your accident. They may even go so far as to claim that you were acting negligently or recklessly and that’s what caused you to fall.

Being injured is hard, and the last thing you need is someone accusing you of being the reason your accident happened. The good news is, with the help of the slip and fall accident lawyers at Colombo Law, you don’t have to deal with these insurance adjusters. If you’ve been injured in a slip and fall accident, we will handle all of that for you so you can focus on getting better.

We will need some help from you in order to prove that the property or business owner’s failure to care for their property is what hurt you. In order to do this, there are some important steps you must take after a slip and fall accident:

  • Take pictures or a video of the area where the accident happened. If it was outside, include images of the ground and any nearby obstructions, and marks, or signs. If it was inside, include images of the floor, ceiling, and furniture. Make sure to take pictures from different angles, including the angle from which you encountered the hazard.
  • Take pictures or a video showing your injuries. Start the moment you are injured and do it every day until you are healed. Make sure you go into detail about your injuries, your pain, how long healing is taking, and any lingering effects.
  • If you can, find a witness. See if someone nearby saw you fall and ask if they’d be willing to exchange contact information and testify in court if need be.
  • After you go home, do not wash or throw away your clothes or shoes. These items of clothing may contain evidence that could be invaluable to your case.

Why Should I Contact a Slip and Fall or Premises Liability Lawyer?

As mentioned above, the company or individual who was responsible for your accident or injury most likely has an insurance company behind them who doesn’t want to pay out. They may also have a team of lawyers who are prepared to fight this kind of case in order to protect their client,

Fortunately when you work with the attorneys at Colombo Law, you also have a team who is prepared to fight. As slip and fall and premises liability attorneys, it is our duty to fight for your rights when you are injured in an accident. If you or a loved one were involved in a premises liability accident, you have nothing to lose by scheduling a free consultation with Colombo Law. If you decide to work with us, you can rest easy knowing that we won’t charge you anything unless we help you win or successfully settle your case. Call us to get started at 888-860-1414.

Sources

https://nfsi.org/nfsi-research/quick-facts/

http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall.html

http://injury.findlaw.com/torts-and-personal-injuries/proving-fault-in-slip-and-fall-accidents.html

http://www.nolo.com/legal-encyclopedia/slip-fall-accidents-proving-fault-29845.html

http://www.attorneys.com/personal-injury/slip-and-fall/west-virginia