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As the term implies, premises liability assigns blame to the site of the venue where a crime is committed. Specifically, premises liability cases focus on crimes committed in venues that are legally obligated to provide security for their patrons. Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by individuals who are present on said premises.
A variety of locations, such as sporting events, public and private corporate-sponsored functions, and residential communities/complexes that include privacy and protection fees in their homeowner dues fall under the jurisdiction of premises liability law. Owners of the locations/facilities are required to provide a secure environment for their patrons, and failure to adhere to this responsibility not only compromises the safety of the public; it can potentially ruin the premise owner's financial future.
Unfortunately, many of us have been placed in harm’s way due to ineffective or inadequate security measures and in many cases, instances such as theft, assault and even murder could have been prevented if responsible parties had adhered to their required duties.
Inadequate security liability most often involves crimes committed against innocent victims as a result of insufficient or ineffective security measures. Examples include theft of personal property; assault crimes in business establishments, private homes or rented premises; sexual assaults that occur in various public or private locations employing deficient security procedures; assaults and batteries as well as other types of physical injuries, including death, that occur as a result of inadequate security, supervision and training of employees.
Poor building management can lead to a variety of problematic situations for owner and tenant alike. Building owners and property managers have a duty to provide a hazard-free environment for workers or tenants on their premises. Suffering an injury because a property owner or a business establishment fails to provide a safe environment could be a case of premise liability, and, as a result, you may have a right to bring a premises liability claim for whatever damages you sustained due to your injury.
The majority of states have premises liability laws that generally require building owners to keep their property up to safety code to prevent injury to those that, for various reasons, visit the property. These laws affect business owners, property managers and building residents (tenants and lessees) by effectively allocating legal responsibility for injuries sustained because of poor working or living conditions.
Providing a safe and secure environment for patrons should be the highest priority of premise owners and operators. Unfortunately, poorly maintained buildings can lead to a plethora of problems for the public. Events such as slips and falls are commonplace in venues where ownership has failed to provide the necessary safety precautions for their employees and guests.
Slips and falls can be a result of a variety of situations, but most commonly, they occur as a result of insufficient maintenance practices. Some situations that can increase the likelihood of a slip and fall episode are faulty railings, slippery and/or poorly maintained floor surfaces, insufficient walking space. In addition, a slip and fall case might arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. These general hazards can lead to a dangerous situation for those who assume that the premise or building they are occupying has all the necessary safety precautions in place.
"Trip and falls" is a term used to describe a type of personal injury case where a person trips, falls, and is injured on someone else's property. These cases usually fall under the broader category of cases known as premise liability, due to the fact that trip and fall accidents usually occur on property owned or maintained by an individual or corporation, and, in certain situations, the owner of the property can be held legally responsible.
These injuries can occur at a variety of venues, including restaurants, sports facilities, supermarkets, and shopping malls. The owner or operator of a business has a legal duty to maintain the premises in a reasonably safe condition, or at least warn the public of a dangerous condition that they caused or are aware of. Should you injure yourself on a property as a result of the owner's failure to provide safe and secure conditions on the property, you may have a legal claim against the business owner or operator.
Patrons of big business superstores are aware of the hazards they face on the showroom floor. Long check-out lines, crowded aisle ways and the occasional cantankerous customer are par for the course in stores such as Wal-Mart, Costco and Home Depot. However, most consumers are unaware of the potentially life-threatening perils that exist overhead…until it is too late. Falling merchandise is a very real problem in America’s superstores, as hundreds of shoppers are injured or killed each year as a result of improperly stored bulk goods and products.
Owners and managers of these retail outlets are required to follow certain safety standards when they stack merchandise and operate machinery. The stores must also train their employees to follow safety policies and procedures. In many instances, however, stores fail to comply with safety requirements, and customers are suffering undue physical trauma as a result of these negligent actions.
There are a wide range of dangerous practices that lead to injuries sustained from falling merchandise. Examples include improper stacking, unsafe displays, poor placement of products by unskilled or under qualified forklift drivers, damaged product racks, defective pallets, etc. As a result, products such as lumber, paint buckets, fireplace mantels, and other items are falling from areas high above the storeroom floor, creating incredibly dangerous situations for customers and their loved ones.
It is a sobering and sad experience for anyone who has been denied access to a shop, library, story, private school, museum, doctor’s office, restaurant, or any other public place because of a disability. It used to be that handicapped people had no legal recourse to take action against these thoughtless and often indifferent institutions, but the Americans with Disabilities Act opened up a world of access when it was signed into law in 1990.
Unfortunately, many people with disabilities are unaware of the barriers that remain 16 years later. Many common barriers include weight, height, and length issues, such as store isles that cannot accommodate a wheelchair, or lack of a ramp in and out of a building, or faulty access areas that do not allow easy usage if handicapped spots in parking lots or structures.
It is the duty of the building owner or operator to ensure their premises have adequate access for all people, regardless of their physical conditions. If they refuse to take action or are ignorant of their duties then they must be taken to task for their lack of responsibility. Many people with disabilities only want what other Americans want; free and easy access to the places they choose to visit.
If you've been injured, you deserve help. Consulting with knowledgeable and experienced premise liability lawyer can help erase the fears and concerns you may have in regards to your specific situation, as well as provide you with the peace of mind in knowing that someone will be held accountable for your pain.
