Premises liability cases stem from injures suffered because of a condition on the premises of a business or of another individual. Under the laws of most states, property owners have a duty to keep their premises safe and free from safety hazards. Thus, the property owner or manager can often times be held responsible for injuries suffered because of hazards or defective conditions on their property.
However, premises liability cases have many nuances that can present unique challenges to proving liability. If you or a loved one suffers an injury as a result of a condition on another’s property it is crucial that you contact an experienced attorney as soon as possible.
At McCartney Stucky, our attorneys have many years of experience handling all kinds of premises liability claims and can help you navigate the many hurdles these cases may present.
Common Premises Liability Claims
Each premises case is unique and presents different challenges; but the list below includes the most common types of claims our attorneys see in this area:
- Negligent Security: Negligent security cases arise when an individual is injured by a third party’s crimes or violent acts while on a property owner’s premises. Property owners have a duty to offer reasonable security measures and protect their visitors from foreseeable crimes. Injuries in negligent security cases are often suffered during robberies, assaults, or even rapes. If the crime was foreseeable and adequate security measures could have prevented the injuries, the property owner can often be found liable.
- Swimming Pool Accidents: Swimming pools, while a source of summer fun, also present numerous hazards and cause thousands of injuries every year. Common swimming pool injuries include everything from drowning to traumatic brain and spinal cord injuries resulting in paralysis. Property owners have a duty to ensure that swimming pools are secure and safe for use. If they fail to do so they can be held liable for the consequences.
- Dram Shop Claims: A dram shop claim is one made against a bar for injuries caused by a bar or restaurant’s alcohol service to a person who is visibly intoxicated. For example, John is visibly intoxicated but Pub A continues to serve John. When John leaves the bar and drives home while intoxicated, he smashes into a car injuring Laura. Laura can sue John as an individual for her damages, but she may also have a claim against Pub A. Dram shop claims present many unique hurdles and often have to be evaluated by several types of experts. Accordingly, if you or a loved one has been injured by someone who has been overserved at a bar or restaurant or by a drunk driver, it is crucial to contact an experienced attorney as soon as possible.