Premises Liability Cases

These are situations where people fall and sustain injuries.  I can also include situations where they are struck by a falling object, or come into contact with a sharp edge such as a shelf in a store.

The common attitude of many landowners and landlords, and their insurance carriers, is that if you saw it or could have seen it, it is “not our fault”.

Every situation is different, but there should always be an investigation into the surface area, history of other falls or mishaps, as well as the potential for distraction based on the venue/site of the injury.

A store with signs and displays at eye level will divert customers’ attention from the floor area.  Ice or snow that is unsalted may leave a pedestrian with no other reasonable choice in their travel route.  Salt or calcium chloride may be appropriate under the circumstances, but if not applied consistently or adequately will not provide traction for save passage.  Stairs that are uneven, and/or without a railing, may cause someone to lose their balance and fall.

The failure to use adequate care under the circumstances provides the basis for liability.  A person who is handicapped, or elderly, may be owed additional duties under the circumstances by the landowner or landlord.

Each case is different, and a lawyer who handles such cases can be of invaluable assistance in seeking compensation and recovery.

For more information, contact Victor Strauss, Attorney At Law.