What Is Premises Liability?
Dangerous Property Conditions
Premises liability generally involves injuries caused by unsafe conditions on property owned, occupied, or controlled by another person or business.
These cases are highly fact-specific. An injury occurring on someone else's property does not automatically mean the property owner is legally responsible.
The circumstances surrounding the condition, the injured person's reason for being on the property, and what the responsible party knew or should have known can all matter.
Premises Liability Can Take Many Forms
COMMON CAUSES
Claims may arise from wet or slippery floors, defective stairs, uneven walking surfaces, falling objects, inadequate lighting, unsafe walkways, dangerous conditions in stores or businesses, negligent maintenance, or other property hazards.
The key question is not simply whether someone was injured, but why the dangerous condition existed and whether the law imposed a duty concerning it.
Evidence
Document the Condition
Dangerous conditions can disappear quickly.
A spill may be cleaned. A broken step may be repaired. Surveillance footage may be overwritten. Employees and witnesses may become difficult to locate.
When possible, photographs, video, incident reports, witness information, medical records, and surveillance footage can become important evidence.
Businesses and Property Owners
Knowledge of the Hazard Can Matter
One of the important issues in many premises cases is whether the responsible party knew—or under the applicable circumstances should have known—about the dangerous condition.
That makes evidence concerning inspections, maintenance, prior complaints, employee observations, and the length of time a condition existed potentially important.
Protecting the Claim
Investigate Early
Premises liability cases frequently turn on details that are not obvious immediately after the injury.
An attorney can investigate who controlled the property, determine what evidence exists, seek to obtain relevant records and surveillance footage, and evaluate whether the facts support a legal claim.
PERSONAL INJURY REPRESENTATION
Your Case Deserves Individual Attention.
The Law Office of Anthony A. Washington provides personal injury representation focused on understanding what happened, preserving the evidence, and pursuing the compensation available under the circumstances of your case.
ANTHONY A. WASHINGTON | ATTORNEY AT LAW
